TITLE 7. EDUCATION

Historical Note

Former Section R7-2-101 repealed, new Section R7-2-101 adopted effective December 4, 1978 (Supp. 78-6). Amended effective February 27, 1980 (Supp. 80-1). Former Section R7-2-101 repealed, new Section R7-2-101 adopted effective June 17, 1985 (Supp. 85-3).

R7-2-102. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-103. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

ARTICLE 2. STATE BOARD OF EDUCATION COMMITTEES

R7-2-201. Advisory Committees

A. The State Board of Education ("Board") may create an advisory committee for the purpose of providing advice and recommendations as assigned by the Board. Any advisory committee or similar body that has been created by either the Board or legislation shall be appointed and conduct its business in accordance with this rule except as otherwise required by law.

B. The Board shall determine the structure, membership, and tasks of any advisory committee the Board has created. An advisory committee created by the Board shall exist for the time necessary to accomplish its assigned task or for one year from the date it is created, whichever is less. An advisory committee created by the Board may continue to function beyond a one-year period only with the express approval of the Board.

C. The Board's Appointments Subcommittee, whose members are appointed by the President of the Board, shall review nominations submitted by the Board members for appointment to an advisory committee and shall provide a recommendation to the Board for consideration. A vacancy on an advisory committee shall be filled in the manner described in this Section.

D. The Board may in its discretion remove any member from and dissolve any advisory committee that the Board has created.

E. An advisory committee shall not conduct a meeting of its members without prior acknowledgment from the Administrator to the Board that there are sufficient funds to meet all expenses that would be incurred in connection with such meeting. An advisory committee member shall not obligate the payment of Board funds.

F. The meetings of an advisory committee shall be held at the offices of the Department of Education or any other facility for which no charges would be incurred for use of the facility. Meetings of an advisory committee shall be held as needed but shall not exceed four meetings per fiscal year without prior express approval of the Superintendent of Public Instruction.

G. Activities of an advisory committee are limited to preparation of advice and recommendations to be presented to the Board for issues which relate directly to the task assigned by the Board.

H. Advisory committees are not authorized the use of Board letterhead stationery without the express approval of the President of the Board and are not authorized the use of Department of Education letterhead stationery without the express approval of the Superintendent of Public Instruction.

I. An advisory committee shall:

1. Select from its members a chair and vice chair;

2. Create procedures for conducting business not inconsistent with Robert's Rules of Order.

3. Request information, assistance, or opinions from the Department of Education necessary to accomplish its task. An advisory committee shall convey any such request through the Department liaison designated pursuant to this rule.

J. A quorum of an advisory committee shall be a majority of the voting members of the advisory committee. Voting members shall be only those members specifically appointed by the Board. A quorum of an advisory committee is necessary to conduct its business. An affirmative vote of the majority of voting members present is necessary for an advisory committee to take action.

K. The Superintendent shall designate an employee of the Department of Education to serve as a liaison to each advisory committee. The President of the Board may appoint a member of the Board to serve as an additional liaison to each advisory committee as the President deems appropriate.

Historical Note

Amended effective July 1, 1977 (Supp. 77-4). Former Section R7-2-201 repealed, new Section R7-2-201 adopted effective December 4, 1978 (Supp. 78-6). Amended effective February 25, 1987 (Supp. 87-1). Section repealed, new Section adopted effective March 18, 1994 (Supp. 94-1).

R7-2-202. Repealed

Historical Note

Former Section R7-2-202 repealed, new Section R7-2-202 adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-202 repealed, new Section R7-2-202 adopted effective June 21, 1979 (Supp. 79-3). Amended effective June 12, 1989 (Supp. 89-2). Amended effective December 12, 1990 (90-4). Amended effective August 28, 1992 (Supp. 92-3). Repealed effective March 18, 1994 (Supp. 94-1).

R7-2-203. Repealed

Historical Note

Former Section R7-2-203 repealed, new Section R7-2-203 adopted effective April 9, 1984 (Supp. 84-2). Amended subsections (A) and (B) effective December 30, 1988 (Supp. 88-4). Repealed effective February 20, 1997 (Supp. 97-1).

R7-2-204. Repealed

Historical Note

Adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-204 repealed, new Section R7-2-204 adopted effective December 31, 1984 (Supp. 84-6). Amended effective August 28, 1992 (Supp. 92-3). Repealed effective February 20, 1997 (Supp. 97-1).

R7-2-205. Certification Review, Suspension, and Revocation

A. The Professional Practices Advisory Committee ("Committee") shall act in an advisory capacity to the State Board of Education ("Board") in regard to certification or recertification matters related to immoral conduct, unprofessional conduct, unfitness to teach, and revocation, suspension, or surrender of certificates.

B. The Committee shall consist of seven members comprised of the following:

1. One elementary classroom teacher,

2. One secondary classroom teacher,

3. One principal,

4. One superintendent or assistant/associate superintendent,

5. Two lay members,

6. One local Governing Board member.

C. Selection of members of the Committee, except for lay members, shall be from highly competent educators who shall meet at least the following requirements:

1. Certified to teach in Arizona (except the local Governing Board member).

2. Currently employed in or retired from the education profession in the specific category of their appointment.

3. If currently employed, shall have been employed in this category for the three years immediately preceding their appointment.

D. Appointment to the Committee from the specific categories will be recommended to the entire Board by a three-member subcommittee appointed by the President of the Board.

E. Terms of the members

1. All regular terms shall be for four years except as set forth in subsection (F) below.

2. A member may be reappointed with Board approval.

F. The Board may remove any member from the Committee. All vacancies shall be filled as prescribed in subsections (C) and (D) above, and those persons appointed to fill vacancies shall serve to complete the term of the person replaced.

G. The Committee shall:

1. Select from its members a Chairman, Vice-Chairman, and Secretary.

2. Establish procedures for conducting business according to Robert's Rules of Order Revised. A quorum shall be a majority of members of the Committee. A quorum is necessary to conduct business. An affirmative vote of the majority of the members present is needed to take action.

3. Hold meetings as needed to conduct hearings or other Committee business by call of the Chairman of the Committee. If the Chairman neglects or declines to call a meeting, then a majority of the Committee may call a meeting. The Board may call a meeting as required to conduct necessary business. Notice of any meeting shall be given to Committee members seven days prior to the meeting.

4. Recommend the removal of any member who is absent from three consecutive meetings.

5. Refer to the Code of Ethics of the American Association of School Administrators and the National Education Association to assist in determining whether the acts complained of constitute unprofessional conduct.

6. Conduct its business pursuant to R7-2-1301 et seq. and hearings pursuant to R7-2-701 et seq.

Historical Note

Adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-205 repealed, new Section R7-2-205 adopted effective February 24, 1982 (Supp. 82-1). Former Section R7-2-205 repealed, new Section R7-2-205 adopted effective August 30, 1984 (Supp. 84-4). Amended effective February 21, 1986 (Supp. 86-1). Amended subsections (H), (I), and (J) effective February 3, 1987 (Supp. 87-1). Amended effective December 15, 1989 (Supp. 89-4). Amended effective May 31, 1991 (Supp. 91-2). Amended effective April 9, 1993 (Supp. 93-2). Amended effective December 3, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1).

R7-2-206. Repealed

Historical Note

Former Section R7-2-206 adopted effective December 4, 1978 (Supp. 78-6). Repealed effective February 24, 1982. See R7-2-205 adopted effective February 24, 1982 (Supp. 82-1). New Section R7-2-206 adopted effective August 9, 1989 (Supp. 89-3). Repealed effective March 18, 1994 (Supp. 94-1).

R7-2-207. Repealed

Historical Note

Adopted effective August 9, 1989 (Supp. 89-3). Repealed effective March 18, 1994 (Supp. 94-1).

ARTICLE 3. CURRICULUM REQUIREMENTS AND SPECIAL PROGRAMS

R7-2-301. Minimum Course of Study and Competency Goals for Students in the Common Schools

A. Students shall demonstrate competency as defined by the State Board-adopted Essential Skills, at the grade levels specified, in the following required subject areas. District instructional programs shall include an ongoing assessment of student progress toward meeting the competency requirements.

1. Language arts

2. Literature

3. Mathematics

4. Science

5. Social Studies

6. Music

7. Visual Arts

8. Health/Physical Education

9. Foreign or native American Language (includes modern and classical)

B. Additional subjects may be offered by the local governing board as options and may include, but are not limited to:

1. Performing Arts

2. Practical Arts

C. Prior to the issuance of a standard certificate of promotion from the 8th grade, each student shall demonstrate competency, as defined by the local governing board, of the State Board-adopted Essential Skills for grade 8 in the subject areas listed in subsection (A).

D. Special education and promotion from the 8th grade.

1. The local governing board of each school district shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with R7-2-401 et seq.

2. Students placed in special education classes in grades K-8 are eligible to receive the standard certificate of promotion without meeting State Board competency requirements, but reference to special education shall be placed on the student's transcript or in the permanent file.

E. Delivery of distance education. In addition to traditional methods of course delivery, courses may also be offered through distance education. Distance education does not include correspondence courses. Distance education is defined as instructional-learning arrangements in which the distance education instructor and the student are separated geographically. Instruction is delivered by means of telecommunications technologies such as satellite, microwave, telephone, cable, fiber optics. The instruction supplements or comprises the entire course content and provides for two-way interactive communications between the instructor and the student during the time of the instruction. Communication or interaction occurs through the use of technologies such as voice, video or computer-mediated communications.

1. Distance education providers shall register with the Department of Education and satisfy the following requirements:

a. Be regionally accredited or affiliated with a regionally accredited institution as listed in R7-2-601(G) or by a regional accrediting association as listed in R7-2-601(C).

b. Validate that the instructor of the distance education program:

i. Possesses a current Arizona teaching certificate valid for the level and subject of the instruction to be taught; or

ii. Possesses a current teaching certificate from the recognized certifying authority of the sending location valid for the level and subject of the instruction to be taught; or

iii. Is employed by or affiliated with, in the content area of instruction, a regionally accredited institution as listed in R7-2-601(G).

2. Distance education may be used as a part of the instructional program. School districts shall ensure that:

a. Only those distance education providers registered with the Department of Education are used to provide distance education; and

b. The teaching partners who assist the students in receiving the instruction onsite have instructional and technical facilitator training and are supervised by an individual certified pursuant to R7-2-603.

Historical Note

Former Section R7-2-301 repealed, new Section R7-2-301 adopted effective December 4, 1978 (Supp. 78-6). Amended subsections (A) and (B) effective May 4, 1982 (Supp. 82-3). Amended subsection (B) by adding subsection (10) effective July 26, 1982 (Supp. 82-4). Section repealed, new Section adopted effective April 12, 1993 (Supp. 93-2). Amended effective May 3, 1993 (Supp. 93-2).

R7-2-301.01. Repealed

Historical Note

R7-2-301(A), (B), and (C) repeated and numbered as R7-2-301.01(A), (B), and (C); R7-2-301(D) and (E) repeated and numbered as R7-2-301.01(D) and (E) and amended; the text of R7-2-301.01 as amended is effective January 1, 1989 (Supp. 86-2). Complete text printed and historical note added (Supp. 89-3). Repealed effective April 12, 1993 (Supp. 93-2).

R7-2-301.02. Repealed

Historical Note

Adopted effective March 26, 1990 (Supp. 90-1). Amended effective December 18, 1991; amended effective December 20, 1991 (Supp. 91-4). Repealed effective March 18, 1994 (Supp. 94-1).

R7-2-302. Minimum Course of Study and Competency Requirements for Graduation from High School

The Board prescribes the minimum course of study and competency requirements as outlined in subsections (1) and (2) and receipt of a passing score on the reading, mathematics, and writing portions of the AIMS (Arizona's Instrument to Measure Standards) assessment for the graduation of pupils from high school or issuance of a high school diploma, effective for the graduation class of 2006.

1. Subject area course requirements. The Board establishes 20 credits as the minimum number of credits necessary for high school graduation. Students shall obtain credits for required subject areas as specified in subsections (1)(a) through (f) based on completion of subject area course requirements or competency requirements. At the discretion of the local governing board, credits may be awarded for completion of elective subjects specified in subsection (1)(g) based on completion of subject area course requirements or competency requirements. The awarding of a credit toward the completion of high school graduation requirements shall be based on successful completion of the subject area requirements prescribed by the State Board and local governing board as follows:

a. Four credits of English or English as a Second Language, which shall include but not be limited to the following: grammar, writing, and reading skills, advanced grammar, composition, American literature, advanced composition, research methods and skills and literature. One-half credit of the English requirement shall include the principles of speech and debate but not be limited to those principles.

b. One and one-half credits in instruction in the essentials, sources and history of the constitutions of the United States and Arizona and instruction in American institutions and ideals and in the history of Arizona.

c. One credit of world history/geography.

d. Two credits of mathematics. Effective with the graduating class of 2004, mathematics credits shall be taken consecutively beginning with the 9th grade, and the course content of the mathematics credits shall include Number Sense; Data Analysis and Probability; Patterns, Algebra and Functions; Geometry; Measurement and Discrete Mathematics; and Mathematical Structure/Logic, in preparation for proficiency, at the high school level, on the AIMS test.

e. Two credits of science.

f. One credit of fine arts or vocational education.

g. Eight and one-half credits of additional courses prescribed by the local governing board subject to the approval of the State Board pursuant to A.R.S. § 15-341(A)(7).

2. Credits earned through correspondence courses to meet graduation requirements shall be taken from an accredited institution as defined in R7-2-601. Credits earned thereby shall be limited to four, and only one credit may be earned in each of the following subject areas:

a. English as described in subsection (1)(a) of this rule.

b. Social Studies.

c. Mathematics.

d. Science.

3. Delivery of distance education. In addition to traditional methods of course delivery, courses may also be offered through distance education. Distance education does not include correspondence courses. Distance education is defined as instructional-learning arrangements in which the distance education instructor and the student are separated geographically. Instruction is delivered by means of telecommunications technologies such as satellite, microwave, telephone, cable, fiber optics. The instruction supplements or comprises the entire course content and provides for two-way interactive communications between the instructor and the student during the time of the instruction. Communication or interaction occurs through the use of technologies such as voice, video or computer-mediated communications.

a. Distance education providers shall register with the Department of Education and satisfy the following requirements:

i. Be accredited or affiliated with an accredited institution as defined in R7-2-601.

ii. Validate that the instructor of the distance education program:

(1) Possesses a current Arizona teaching certificate valid for the level and subject of the instruction to be taught; or

(2) Possesses a current teaching certificate from the recognized certifying authority of the sending location valid for the level and subject of the instruction to be taught; or

(3) Is employed by or affiliated with, in the content area of instruction, an accredited institution as defined in R7-2-601.

b. Distance education may be used as a part of the instructional program. School districts shall ensure that:

i. Only those distance education providers registered with the Department of Education are used to provide distance education; and

ii. The teaching partners who assist the students in receiving the instruction onsite have instructional and technical facilitator training and are supervised by an individual certified pursuant to R7-2-601 et seq.

4. Local governing boards may grant to vocational-technological education program completers a maximum of 3 1/2 credits to be used toward the Board English, mathematics, or science credit requirements for graduation, subject to the following restrictions.

a. The Board has approved the vocational-technological education program for equivalent credit to be used toward the Board English, mathematics, or science credit requirements for graduation.

b. Only one credit in each of English, mathematics or science may be granted.

c. For vocational-technological programs in which only one credit is offered, either vocational or English, mathematics or science credit may be granted.

d. For vocational-technological programs in which two or more credits are offered, only one credit may be used for English, mathematics or science.

5. Competency requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on the successful completion of State Board-adopted academic standards for subject areas listed in subsections (1)(a) through (1)(f), the successful completion of the competency requirements for the elective subjects specified in subsection (1)(g). Competency requirements for elective subjects as specified in subsection (1)(g) shall be the academic standards adopted by the State Board. If there are no adopted academic standards for an elective subject, the local governing board shall be responsible for developing and adopting competency requirements for the successful completion of the elective subject.

b. The determination and verification of student accomplishment and performance shall be the responsibility of the subject area teacher.

c. Upon request of the student, the local governing board shall provide the opportunity for the student to demonstrate competency in the subject areas listed in subsections (1)(a) through (1)(g) above in lieu of classroom time.

6. The local governing board of each school district shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with A.R.S. Title 15, Chapter 7, Article 4 and A.A.C. R7-2-401 et seq. Students placed in special education classes, 9-12, are eligible to receive a high school diploma upon completion of graduation requirements, but reference to special education placement may be placed on the student's transcript or permanent file.

Historical Note

Former Section R7-2-302 repealed, new Section R7-2-302 adopted effective December 4, 1978 (Supp. 78-6). Amended effective July 8, 1983 (Supp. 83-4). Amended subsections (1) and (5) effective January 1, 1987 (Supp. 84-3). See R7-2-302.01 and R7-2-302.02 for minimum credits for graduating classes of 1987 forward (Supp. 86-5). Repealed effective August 28, 1992; Inadvertently omitted from Supp. 92-3; corrected Supp. 93-4. Amended effective November 17, 1994 (Supp. 94-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section adopted by final rulemaking at 7 A.A.R. 1255, effective February 20, 2001 (Supp. 01-1). Amended by final rulemaking at 8 A.A.R. 3893, effective August 21, 2002 (Supp. 02-3).

R7-2-302.01. Minimum Course of Study and Competency Requirements for Graduation from High School for the Graduation Class of 2012

The State Board of Education ("Board") prescribes the minimum course of study and competency requirements as outlined in subsections (1) through (5) and receipt of a passing score on the reading, mathematics, and writing portions of the AIMS (Arizona's Instrument to Measure Standards) assessment for the graduation of pupils from high school or issuance of a high school diploma, effective for the graduation class of 2012.

1. Subject area course requirements. The Board establishes 20 credits as the minimum number of credits necessary for high school graduation. Students shall obtain credits for required subject areas as specified in subsections (1)(a) through (e) based on completion of subject area course requirements or competency requirements. At the discretion of the local school district governing board or charter school, credits may be awarded for completion of elective subjects specified in subsection (1)(f) based on completion of subject area course requirements or competency requirements. The awarding of a credit toward the completion of high school graduation requirements shall be based on successful completion of the subject area requirements prescribed by the State Board, local school district governing boards and charter schools as follows:

a. Four credits of English or English as a Second Language, which shall include but not be limited to the following: grammar, writing, and reading skills, advanced grammar, composition, American literature, advanced composition, research methods and skills and literature. One-half credit of the English requirement shall include the principles of speech and debate but not be limited to those principles.

b. Three credits in social studies to include the following:

i. One credit of American history, including Arizona history;

ii. One credit of world history/geography;

iii. One-half credit of American government, including Arizona government; and

iv. One-half credit of economics.

c. Three credits of mathematics. The course content for at least two of the mathematics credits shall include Number Sense and Operations; Data Analysis, Probability and Discrete Mathematics; Patterns, Algebra and Functions; Geometry and Measurement; and Structure and Logic in preparation for proficiency at the high school level on the AIMS test and shall be taken consecutively beginning with the ninth grade unless a student meets these requirements prior to the ninth grade pursuant to this subsection. The third credit shall include significant mathematics content as determined by the local school district governing board or charter school. Courses successfully completed prior to the ninth grade that meet the high school mathematics credit requirements may be applied toward satisfying those requirements.

d. Two credits of science in preparation for proficiency at the high school level on the AIMS test.

e. One credit of fine arts or career and technical education and vocational education.

f. Seven credits of additional courses prescribed by the local school district governing board or charter school.

g. A credit or partial credit may apply toward more than one subject area but shall count only as one credit or partial credit toward satisfying the 20 required credits.

2. Credits earned through correspondence courses to meet graduation requirements shall be taken from an accredited institution as defined in R7-2-601. Credits earned thereby shall be limited to four, and only one credit may be earned in each of the following subject areas:

a. English as described in subsection (1)(a) of this Section,

b. Social Studies,

c. Mathematics, and

d. Science.

3. Delivery of distance education. In addition to traditional methods of course delivery, courses may also be offered through distance education. Distance education does not include correspondence courses. Distance education is defined as instructional-learning arrangements in which the distance education instructor and the student are separated geographically. Instruction is delivered by means of telecommunications technologies such as satellite, microwave, telephone, cable, fiber optics. The instruction supplements or comprises the entire course content and provides for two-way interactive communications between the instructor and the student during the time of the instruction. Communication or interaction occurs through the use of technologies such as voice, video or computer-mediated communications.

a. Distance education providers shall register with the Department of Education and satisfy the following requirements:

i. Be accredited or affiliated with an accredited institution as defined in R7-2-601.

ii. Validate that the instructor of the distance education program:

(1) Possesses a current Arizona teaching certificate valid for the level and subject of the instruction to be taught; or

(2) Possesses a current teaching certificate from the recognized certifying authority of the sending location valid for the level and subject of the instruction to be taught; or

(3) Is employed by or affiliated with, in the content area of instruction, an accredited institution as defined in R7-2-601.

b. Distance education may be used as a part of the instructional program. School districts shall ensure that:

i. Only those distance education providers registered with the Department of Education are used to provide distance education, and

ii. The teaching partners who assist the students in receiving the instruction onsite have instructional and technical facilitator training and are supervised by an individual certified pursuant to R7-2-601 et seq.

4. Local school district governing boards or charter schools may grant to career and technical education and vocational education program completers a maximum of 3 1/2 credits to be used toward the Board English, mathematics, science, and economics credit requirements for graduation, subject to the following restrictions:

a. The Board has approved the career and technical education and vocational education program for equivalent credit to be used toward the Board English, mathematics, science and economics credit requirements for graduation.

b. A credit or partial credit may apply toward more than one subject area but shall count only as one credit or partial credit toward satisfying the 20 required credits.

c. A student who satisfies any part of the Board English, mathematics, science, and economics requirements through the completion of a career and technical education and vocational education program shall still be required to earn 20 total credits to meet the graduation requirements prescribed in this Section.

5. Competency requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on the successful completion of State Board-adopted academic standards for subject areas listed in subsections (1)(a) through (1)(e) and the successful completion of the competency requirements for the elective subjects specified in subsection (1)(f). Competency requirements for elective subjects as specified in subsection (1)(f) shall be the academic standards adopted by the State Board. If there are no adopted academic standards for an elective subject, the local school district governing board or charter school shall be responsible for developing and adopting competency requirements for the successful completion of the elective subject.

b. The determination and verification of student accomplishment and performance shall be the responsibility of the subject area teacher.

c. Upon request of the student, the local governing board shall provide the opportunity for the student to demonstrate competency in the subject areas listed in subsections (1)(a) through (1)(f) of this Section in lieu of classroom time.

6. The local school district governing board or charter school shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with A.R.S. Title 15, Chapter 7, Article 4 and R7-2-401 et seq. Students placed in special education classes, grades nine-12, are eligible to receive a high school diploma upon completion of those graduation requirements, but reference to special education placement may be placed on the student's transcript or permanent file.

Historical Note

Section R7-2-302 repeated and amended effective January 1, 1987, filed September 24, 1986 (Supp. 86-5). Amended as an emergency by adding a new subsection (B) effective May 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2). Filing date for January 1, 1987, amendments corrected to September 24, 1986 (Supp. 89-3). Emergency expired. Adopted as a permanent rule effective February 7, 1990 (Supp 90-1). Repealed effective August 28, 1992; Inadvertently omitted from Supp. 92-3; corrected Supp. 93-4. New Section made by exempt rulemaking at 14 A.A.R. 195, effective December 10, 2007 (Supp. 08-1).

R7-2-302.02. Minimum Course of Study and Competency Requirements for Graduation from High School Beginning with the Graduation Class of 2013

The State Board of Education ("Board") prescribes the minimum course of study and competency requirements as outlined in subsections (1) through (5) and receipt of a passing score on the reading, mathematics, and writing portions of the AIMS (Arizona's Instrument to Measure Standards) assessment for the graduation of pupils from high school or issuance of a high school diploma, effective for the graduation class of 2013.

1. Subject area course requirements. The Board establishes 22 credits as the minimum number of credits necessary for high school graduation. Students shall obtain credits for required subject areas as specified in subsections (1)(a) through (e) based on completion of subject area course requirements or competency requirements. At the discretion of the local school district governing board or charter school, credits may be awarded for completion of elective subjects specified in subsection (1)(f) based on completion of subject area course requirements or competency requirements. The awarding of a credit toward the completion of high school graduation requirements shall be based on successful completion of the subject area requirements prescribed by the State Board, local school district governing boards and charter schools as follows:

a. Four credits of English or English as a Second Language, which shall include but not be limited to the following: grammar, writing, and reading skills, advanced grammar, composition, American literature, advanced composition, research methods and skills and literature. One-half credit of the English requirement shall include the principles of speech and debate but not be limited to those principles.

b. Three credits in social studies to include the following:

i. One credit of American history, including Arizona history;

ii. One credit of world history/geography;

iii. One-half credit of American government, including Arizona government; and

iv. One-half credit of economics.

c. Four credits of mathematics to minimally include the following:

i. Two credits containing course content covering the following areas in preparation for proficiency at the high school level on the AIMS test: Number Sense and Operations; Data Analysis, Probability and Discrete Mathematics; Patterns, Algebra and Functions; Geometry and Measurement; and Structure and Logic. These credits shall be taken consecutively beginning with the ninth grade unless a student meets these requirements prior to the ninth grade pursuant to subsection (1)(c)(iv).

ii. One credit covering Algebra II or course content equivalent to Algebra II. Courses meeting this requirement may include, but are not limited to, career and technical education and vocational education, economics, science, and arts courses as determined by the local school district governing board or charter school.

iii. One credit that includes significant mathematics content as determined by the local school district governing board or charter school.

iv. Courses successfully completed prior to the ninth grade that meet the high school mathematics credit requirements may be applied toward satisfying those requirements.

v. The mathematics requirements may be modified for students using a personal curriculum pursuant to R7-2-302.03.

d. Three credits of science in preparation for proficiency at the high school level on the AIMS test.

e. One credit of fine arts or career and technical education and vocational education.

f. Seven credits of additional courses prescribed by the local school district governing board or charter school.

g. A credit or partial credit may apply toward more than one subject area but shall count only as one credit or partial credit toward satisfying the 22 required credits.

2. Credits earned through correspondence courses to meet graduation requirements shall be taken from an accredited institution as defined in R7-2-601. Credits earned thereby shall be limited to four, and only one credit may be earned in each of the following subject areas:

a. English as described in subsection (1)(a) of this Section,

b. Social Studies,

c. Mathematics, and

d. Science.

3. Delivery of distance education. In addition to traditional methods of course delivery, courses may also be offered through distance education. Distance education does not include correspondence courses. Distance education is defined as instructional-learning arrangements in which the distance education instructor and the student are separated geographically. Instruction is delivered by means of telecommunications technologies such as satellite, microwave, telephone, cable, fiber optics. The instruction supplements or comprises the entire course content and provides for two-way interactive communications between the instructor and the student during the time of the instruction. Communication or interaction occurs through the use of technologies such as voice, video or computer-mediated communications.

a. Distance education providers shall register with the Department of Education and satisfy the following requirements:

i. Be accredited or affiliated with an accredited institution as defined in R7-2-601, and

ii. Validate that the instructor of the distance education program:

(1) Possesses a current Arizona teaching certificate valid for the level and subject of the instruction to be taught; or

(2) Possesses a current teaching certificate from the recognized certifying authority of the sending location valid for the level and subject of the instruction to be taught; or

(3) Is employed by or affiliated with, in the content area of instruction, an accredited institution as defined in R7-2-601.

b. Distance education may be used as a part of the instructional program. School districts shall ensure that:

i. Only those distance education providers registered with the Department of Education are used to provide distance education, and

ii. The teaching partners who assist the students in receiving the instruction onsite have instructional and technical facilitator training and are supervised by an individual certified pursuant to R7-2-601 et seq.

4. Local school district governing boards or charter schools may grant to career and technical education and vocational education program completers a maximum of 5 1/2 credits to be used toward the Board English, mathematics, science, and economics credit requirements for graduation, subject to the following restrictions:

a. The Board has approved the career and technical education and vocational education program for equivalent credit to be used toward the Board English, mathematics, science, and economics credit requirements for graduation.

b. A credit or partial credit may apply toward more than one subject area but shall count only as one credit or partial credit toward satisfying the 22 required credits.

c. A student who satisfies any part of the Board English, mathematics, science, and economics requirements through the completion of a career and technical education and vocational education program shall still be required to earn 22 total credits to meet the graduation requirements prescribed in this Section.

5. Competency requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on the successful completion of State Board-adopted academic standards for subject areas listed in subsections (1)(a) through (1)(e) and the successful completion of the competency requirements for the elective subjects specified in subsection (1)(f). Competency requirements for elective subjects as specified in subsection (1)(f) shall be the academic standards adopted by the State Board. If there are no adopted academic standards for an elective subject, the local school district governing board or charter school shall be responsible for developing and adopting competency requirements for the successful completion of the elective subject.

b. The determination and verification of student accomplishment and performance shall be the responsibility of the subject area teacher.

c. Upon request of the student, the local school district governing board or charter school shall provide the opportunity for the student to demonstrate competency in the subject areas listed in subsections (1)(a) through (1)(f) of this Section in lieu of classroom time.

6. The local school district governing board or charter school shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with A.R.S. Title 15, Chapter 7, Article 4 and R7-2-401 et seq. Students placed in special education classes, grades nine-12, are eligible to receive a high school diploma upon completion of those graduation requirements, but reference to special education placement may be placed on the student's transcript or permanent file.

Historical Note

Adopted effective January 1, 1991, filed September 24, 1986 (Supp. 86-5). Amended effective May 9, 1988 (Supp. 88-2). Amended effective June 12, 1989 (Supp. 89-2). Amended effective March 26, 1990 (Supp.90-1). Repealed effective March 18, 1994 (Supp. 94-1). New Section made by exempt rulemaking at 14 A.A.R. 195, effective December 10, 2007 (Supp. 08-1).

R7-2-302.03. Personal Curriculum

A. Definitions.

1. "Personal Curriculum" means a documented process that may be used to modify the high school graduation requirements for mathematics delineated in R7-2-302.02(1)(c). A student may use a personal curriculum to modify the Algebra II requirement delineated in R7-2-302.02(1)(c)(ii) and reduce the credit requirements for mathematics from four to three credits. A student who successfully completes the student's personal curriculum meets the requirements for high school graduation.

2. "Development Team" means a team that develops a personal curriculum for a student and consists of the student, the parent or legal guardian of the student, and a school counselor or principal or their designee. A school principal may add additional members to the development team as the principal deems appropriate.

B. A student is eligible for a personal curriculum if the student meets the following criteria:

1. The student has successfully completed the mathematics requirements delineated in R7-2-302.02(1)(c)(i); and

2. Despite the student's successful completion of the mathematics requirements delineated in R7-2-302.02(1)(c)(i), the development team determines that the student demonstrates a need to modify the requirement delineated in R7-2-302.02(1)(c)(ii) for Algebra II or its equivalent course content.

C. The requirements for a personal curriculum are as follows:

1. An eligible student may only modify the mathematics requirement delineated in R7-2-302.02(1)(c)(ii) for Algebra II or its equivalent course content;

2. In lieu of successfully completing Algebra II or its equivalent course content, an eligible student shall successfully complete at least one credit in mathematics that shall include significant mathematics content as determined by the local school district governing board or charter school; and

3. An eligible student shall successfully complete a course in mathematics in the student's senior year.

D. The procedures for developing and implementing a personal curriculum are as follows:

1. The parent or legal guardian of a student, an emancipated student, or a student with permission from the student's parent or legal guardian may request a personal curriculum in a manner prescribed by the local school district governing board or charter school.

2. Upon receipt of a request for a personal curriculum made pursuant to subsection (D)(1), the local school district or charter school shall verify that the student successfully completed the mathematics requirements delineated in R7-2-302.02(1)(c)(i) and, upon verification, shall convene a development team.

3. The development team shall:

a. Verify that the student demonstrates a need to modify the requirement delineated in R7-2-302.02(1)(c)(ii) for Algebra II or its equivalent course content,

b. Identify an appropriate alternative mathematics course or courses to modify the requirement for Algebra II or its equivalent course content,

c. Develop a written personal curriculum plan that includes the alternative mathematics course or courses identified in subsection (D)(3)(b) and a plan for monitoring student progress toward successfully completing the alternative mathematics course or courses. In developing the personal curriculum plan the development team shall consider how the proposed modifications maintain the integrity of the high school diploma and enable the student to achieve the student's post-secondary education and career goals.

4. The development team may modify the personal curriculum plan based upon the development team's evaluation of the student's progress.

E. The Superintendent of Public Instruction shall monitor a school district or charter school if there is reason to believe that the school district or charter school is allowing modifications inconsistent with the requirements delineated in this Section.

Historical Note

Adopted effective November 1, 1989 (Supp. 89-4). Amended effective December 12, 1990 (Supp. 90-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by exempt rulemaking at 14 A.A.R. 195, effective December 10, 2007 (Supp. 08-1).

R7-2-302.04. Minimum Course of Study and Competency Requirements for Graduation from High School

The Board prescribes the minimum course of study and competency requirements as outlined in subsections (1) and (2) for the graduation of pupils from high school. The Board establishes 20 credits as the minimum number of credits necessary for high school graduation effective for the graduation class of 1996. Students shall obtain credits for required subject areas as specified in subsection (1)(a)(i) through (vi) based on completion of subject area course requirements or competency requirements. At the discretion of the local governing board, credits may be awarded for completion of elective subjects specified in subsection (1)(a)(vii) based on completion of subject area course requirements or competency requirements.

1. Subject area course requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on successful completion of the subject area requirements prescribed by the State Board and local governing board as follows:

i. Four credits of English or English as a Second Language, which shall include but not be limited to the following: grammar, writing, and reading skills, advanced grammar, composition, American literature, advanced composition, research methods and skills and literature. One-half credit of the English requirement shall include the principles of speech and debate but not be limited to those principles.

ii. One and one-half credits in instruction in the essentials, sources and history of the constitutions of the United States and Arizona and instruction in American institutions and ideals and in the history of Arizona.

iii. One credit of world history/geography.

iv. Two credits of mathematics.

v. Two credits of science.

vi. One credit of fine arts or vocational education.

vii. Eight and 1/2 credits of additional courses prescribed by the local governing board subject to the approval of the State Board pursuant to A.R.S. § 15-341(A)(7).

b. Credits earned through correspondence courses to meet graduation requirements shall be taken from an accredited institution as defined in R7-2-601. Credits earned thereby shall be limited to 4, and only one credit may be earned in each of the following subject areas:

i. English as described in subsection (1)(a)(i) of this rule.

ii. Social Studies.

iii. Mathematics.

iv. Science.

c. Delivery of distance education. In addition to traditional methods of course delivery, courses may also be offered through distance education. Distance education does not include correspondence courses. Distance education is defined as instructional-learning arrangements in which the distance education instructor and the student are separated geographically. Instruction is delivered by means of telecommunications technologies such as satellite, microwave, telephone, cable, fiber optics. The instruction supplements or comprises the entire course content and provides for two-way interactive communications between the instructor and the student during the time of the instruction. Communication or interaction occurs through the use of technologies such as voice, video or computer-mediated communications.

i. Distance education providers shall register with the Department of Education and satisfy the following requirements:

(1) Be accredited or affiliated with an accredited institution as defined in R7-2-601.

(2) Validate that the instructor of the distance education program:

(a) Possesses a current Arizona teaching certificate valid for the level and subject of the instruction to be taught; or

(b) Possesses a current teaching certificate from the recognized certifying authority of the sending location valid for the level and subject of the instruction to be taught; or

(c) Is employed by or affiliated with, in the content area of instruction, an accredited institution as defined in R7-2-601.

ii. Distance education may be used as a part of the instructional program. School districts shall ensure that:

(1) Only those distance education providers registered with the Department of Education are used to provide distance education; and

(2) The teaching partners who assist the students in receiving the instruction onsite have instructional and technical facilitator training and are supervised by an individual certified pursuant to R7-2-601 et seq.

d. Local governing boards may grant to vocational-technological education program completers a maximum of 3 1/2 credits to be used toward the Board English, mathematics or science credit requirements for graduation, subject to the following restrictions.

i. The Board has approved the vocational-technological education program for equivalent credit to be used toward the Board English, mathematics or science credit requirements for graduation.

ii. Only one credit in each of English, mathematics or science may be granted.

iii. For vocational-technological programs in which only one credit is offered, either vocational or English, mathematics or science credit may be granted.

iv. For vocational-technological programs in which two or more credits are offered, only one credit may be used for English, mathematics or science.

2. Competency requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on the successful completion of State Board-adopted essential skills requirements for subject areas listed in subsection (1)(a)(i) through (vi) and the successful completion of the competency requirements for the elective subjects specified in subsection (1)(a)(vii). Competency requirements for elective subjects as specified in subsection (1)(a)(vii) shall be the essential skills adopted by the State Board. If there are no adopted essential skills for an elective subject, the local governing board shall be responsible for developing and adopting competency requirements for the successful completion of the elective subject.

b. The determination and verification of student accomplishment and performance shall be the responsibility of the subject area teacher.

c. Upon request of the student, the local governing board shall provide the opportunity for the student to demonstrate competency in the subject areas listed in subsection (1)(a)(i) through (vi) above in lieu of classroom time.

3. The local governing board of each school district shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with A.R.S. Title 15, Chapter 7, Article 4 and A.A.C. R7-2-401 et seq. Students placed in special education classes, 9-12, are eligible to receive a high school diploma upon completion of graduation requirements, but reference to special education placement may be placed on the student's transcript or permanent file.

Historical Note

Adopted effective July 10, 1992 (Supp. 92-3). Amended effective May 3, 1993 (Supp. 93-2). Amended effective December 17, 1998 (Supp. 98-4).

R7-2-302.05. Definitions

In this Article, unless the context otherwise requires:

1. "AIMS" means any of the Arizona Instrument to Measure Standards assessments.

2. "Score" means the scale score achieved by a student on the reading, writing or math sections of the AIMS assessment.

3. "Remediation program" means any school district, charter school or state sanctioned tutoring program used by a student to improve AIMS assessment scores.

4. "Grade" means a course grade that is placed on a student's transcript.

Historical Note

New Section made by exempt rulemaking at 12 A.A.R. 876, effective August 22, 2005 (Supp. 06-1).

R7-2-302.06. AIMS, Additional Credit

A. A pupil who fails to achieve a passing score on the AIMS assessment for high school graduation during the 2005-2006 or 2006-2007 school years may graduate if the pupil meets the alternative graduation requirements established pursuant to this Section.

B. A school district or charter school is not required to comply with this Section if it is determined that augmenting the pupil's score on any section of the AIMS assessment by 25 percent would not meet or exceed the "Meets the Standard" threshold.

C. A pupil is eligible for the alternative graduation requirement established pursuant to this Section if all of the following apply:

1. The pupil has completed with a passing grade all coursework and credits prescribed for the graduation of pupils from high school by the governing board of the pupil's school district or charter school.

2. The pupil has taken the AIMS assessment each time the test was offered when the pupil was eligible to take the test after August 12, 2005.

3. The pupil has participated in any academic remediation program available in the pupil's school in those subject areas where the pupil failed to achieve a passing score on AIMS.

D. If a pupil is not eligible for the AIMS augmentation due to a failure to meet the requirements in subsections (C)(2) and/or (3) the student may appeal this decision to the local governing board. The governing board may delegate these appeals to other school district or charter school officials. All appeals held pursuant to this subsection shall comply with the following requirements:

1. The governing board shall adopt a form for a petition that a pupil, or a pupil's parent or legal guardian, must complete to initiate an appeal. The petition shall indicate what requirement is being appealed and the basis for the appeal. The petition shall also include a written explanation of the appeal procedures used by the school district or charter school.

2. The pupil, or the pupil's representative, shall have the burden of demonstrating what circumstances prevented compliance with the requirements in subsections (C)(2) and/or (3).

3. An appeal for failing to meet the requirement in subsection (C)(2) should be granted only upon presentation of credible evidence that extreme circumstances made the pupil ineligible for each AIMS assessment administration the student did not attend.

4. An appeal for failing to meet the requirement in subsection (C)(3) should be granted only upon presentation of credible evidence that the pupil has participated in at least one state or school sanctioned remediation program in those subject areas where the pupil failed to achieve a passing score on the AIMS assessment.

5. School district or charter school officials shall provide adequate notice to the pupil and the pupil's parents or legal guardians regarding the date, time and place of the appeal. A pupil, or a pupil's representative, may participate in the appeal either personally, by telephone, or by providing written documentation.

6. All other procedures regarding these appeals shall be determined by the local school district or charter school governing board.

E. Every school district or charter school that graduates pupils from high school shall determine whether the pupils that have failed to achieve a passing score on any section of the AIMS assessment meet the alternative graduation requirements established by this Section. In making this determination the school or school district shall adhere to the following requirements:

1. The school district or charter school shall augment the score of each section of the AIMS assessment where a pupil failed to achieve a passing score with additional points derived from classroom performance. These points shall represent a potential percentage augmentation from a pupil's original score. The number of additional points shall be calculated as follows:

a. Only classes that satisfy the following 11 1/2 credits shall be included in the calculation:

i. Four credits of English or English as a Second Language, which shall include but not be limited to the following: grammar, writing, and reading skills, advanced grammar, composition, American literature, advanced composition, research methods and skills and literature. One-half credit of the English requirement shall include the principles of speech and debate but not be limited to those principles.

ii. One and one-half credits in instruction in the essentials, sources and history of the constitutions of the United States and Arizona and instruction in American institutions and ideals and in the history of Arizona.

iii. One credit of world history/geography.

iv. Two credits of mathematics. Mathematics credits shall be taken consecutively beginning with the 9th grade, and the course content of the mathematics credits shall include Number Sense; Data Analysis and Probability; Patterns, Algebra and Functions; Geometry; Measurement and Discrete Mathematics; and Mathematical Structure/Logic, in preparation for proficiency, at the high school level, on the AIMS test.

v. Two credits of science.

vi. One credit of fine arts or vocational education.

b. Each eligible grade in an advanced placement class, or a school district or charter school designated "honors" class, up to the 11 1/2 credits prescribed in this Section, shall receive additional points as follows:

i. A letter grade of "A," or its equivalent, shall receive additional points equal to 25 times the amount of credit for that class.

ii. A letter grade of "B," or its equivalent, shall receive additional points equal to 20 times the amount of credit for that class.

iii. A letter grade of "C," or its equivalent, shall receive additional points towards the average augmentation equal to 15 times the amount of credit for that class.

iv. A letter grade of "D" or "F," or its equivalent, shall receive zero points towards the average.

c. All other eligible grades, up to the 11 1/2 credits prescribed in this Section, shall receive additional points as follows:

i. A letter grade of "A," or its equivalent, shall receive additional points towards the average augmentation equal to 20 times the amount of credit for that class.

ii. A letter grade of "B," or its equivalent, shall receive additional points towards the average augmentation equal to 15 times the amount of credit for that class.

iii. A letter grade of "C," or its equivalent, shall receive additional points towards the average augmentation equal to 12 times the amount of credit for that class.

iv. Letter grades of "D" or "F," or their equivalent, shall receive zero points towards the average.

d. Pupils that have earned additional credits in any of the areas prescribed in this Section may apply the grade that would award the highest augmentation.

e. After determining a pupil's additional points the school district or charter school shall calculate the average number of points awarded per credit by dividing the sum of additional points earned by 11.5.

f. The pupil's augmentation shall be calculated by applying the following formula:

Avg. Additional Points

per Credit

__________________

X (Pupil's Original Score) = Augmentation
100 points

2. The augmentation points shall be added to the pupil's highest achieved score on each section of the AIMS assessment where the student failed to achieve a passing score. If a pupil's augmented score exceeds the passing score for the applicable section of the AIMS assessment, the pupil shall be considered to have passed that section of the assessment for graduation purposes.

3. The school district or charter school shall augment the highest achieved score of each section of the AIMS assessment where a pupil failed to achieve a passing score separately and concurrently.

F. A pupil's augmented score shall be used only for the purpose of determining whether the pupil meets the competency test requirement for graduation from high school.

G. All school districts and charter schools shall report to the Arizona Department of Education the number of students in their schools that met the alternative graduation requirement prescribed in this Section. School districts and charter schools shall also report disaggregated data showing the number of students whose augmented scores met or exceeded the passing scores for the reading, writing and math sections of the AIMS assessment respectively. These reports shall be made annually and shall be received by the Arizona Department of Education by June 30.

Historical Note

New Section made by exempt rulemaking at 12 A.A.R. 876, effective August 22, 2005 (Supp. 06-1).

R7-2-303. Sex education

A. Instruction in sex education in the public schools of Arizona shall be offered only in conformity with the following requirements.

1. Common schools: Nature of instruction; approval; format.

a. Supplemental/elective nature of instruction. The common schools of Arizona may provide a specific elective lesson or lessons concerning sex education as a supplement to the health course of study.

i. This supplement may only be taken by the student at the written request of the student's parent or guardian.

ii. Alternative elective lessons from the state-adopted optional subjects shall be provided for students who do not enroll in elective sex education.

iii. Elective sex education lessons shall not exceed the equivalent of one class period per day for 1/8 of the school year for grades K-4.

iv. Elective sex education lessons shall not exceed the equivalent of one class period per day for 1/4 of the school year for grades 5-8.

b. Local governing board approval. All elective sex education lessons to be offered shall first be approved by the local governing board.

i. Each local governing board contemplating the offering of elective sex education shall establish an advisory committee with membership representative of district size and the racial and ethnic composition of the community to assist in the development of lessons and advise the local governing board on an ongoing basis.

ii. The local governing board shall review the total instructional materials for lessons presented for approval.

iii. The local governing board shall publicize and hold at least two public hearings for the purpose of receiving public input at least one week prior to the local governing board meeting at which the elective sex education lessons will be considered for approval.

iv. The local governing board shall maintain for viewing by the public the total instructional materials to be used in approved elective sex education lessons within the district.

c. Format of instruction.

i. Lessons shall be taught to boys and girls separately.

ii. Lessons shall be ungraded, require no homework, and any evaluation administered for the purpose of self-analysis shall not be retained or recorded by the school or the teacher in any form.

iii. Lessons shall not include tests, psychological inventories, surveys, or examinations containing any questions about the student's or his parents' personal beliefs or practices in sex, family life, morality, values or religion.

2. High schools: Course offering; approval; format.

a. A course in sex education may be provided in the high schools of Arizona.

b. The local governing board shall review the total instructional materials and approve all lessons in the course of study to be offered in sex education.

c. Lessons shall not include tests, psychological inventories, surveys, or examinations containing any questions about the student's or his parents' personal beliefs or practices in sex, family life, morality, values or religion.

d. Local governing boards shall maintain for viewing by the public the total instructional materials to be used in all sex education courses to be offered in high schools within the district.

3. Content of instruction: Common schools and high schools.

a. All sex education materials and instruction shall be age appropriate, recognize the needs of exceptional students, meet the needs of the district, recognize local community standards and sensitivities, shall not include the teaching of abnormal, deviate, or unusual sexual acts and practices, and shall include the following:

i. Emphasis upon the power of individuals to control their own personal behavior. Pupils shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibility, self-control and ethical considerations such as respect for self and others; and

ii. Instruction on how to say "no" to unwanted sexual advances and to resist negative peer pressure. Pupils shall be taught that it is wrong to take advantage of, or to exploit, another person.

b. All sex education materials and instruction which discuss sexual intercourse shall:

i. Stress that pupils should abstain from sexual intercourse until they are mature adults;

ii. Emphasize that abstinence from sexual intercourse is the only method for avoiding pregnancy that is 100% effective;

iii. Stress that sexually transmitted diseases have severe consequences and constitute a serious and widespread public health problem;

iv. Include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual intercourse and the consequences of preadolescent and adolescent pregnancy;

v. Promote honor and respect for monogamous heterosexual marriage; and

vi. Advise pupils of Arizona law pertaining to the financial responsibilities of parenting, and legal liabilities related to sexual intercourse with a minor.

B. Certification of compliance. All districts offering a local governing board-approved sex education course or lesson shall certify, under the notarized signature of both the president of the local governing board and the chief administrator of the school district, compliance with this rule except as specified in subsection (C). Acknowledgment of receipt of the compliance certification from the State Board of Education is required as a prerequisite to the initiation of instruction. Certification of compliance shall be in a format and with such particulars as shall be specified by the Department of Education.

C. All districts offering State Board approved sex education lessons or courses prior to the effective date of this rule shall comply with this rule on or before June 30, 1990.

Historical Note

Former Section R7-2-303 repealed, new Section R7-2-303 adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-303 repealed, new Section R7-2-303 adopted effective June 12, 1989 (Supp. 89-2).

R7-2-304. Extended school year

The governing board of a common high school considering the adoption of an extended school year shall:

1. Prepare a comparative cost analysis of the extended school year program versus the cost of new facilities and sites.

2. Hold at least one public hearing, publicized a week in advance, to present the alternatives, including the results of the comparative cost analysis.

3. Determine faculty, community, and parental support prior to making a final determination.

Historical Note

Former Section R7-2-304 repealed, new Section R7-2-304 adopted effective December 4, 1978 (Supp. 78-6).

R7-2-305. Declaration of Independence

The governing board of each common school district shall adopt policies that:

1. Require pupils to recite the following passage from the Declaration of Independence for pupils in grades 4 through 6 at the commencement of the first class of the day in the schools: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed."; and

2. Enable the pupil or the parent or legal guardian of the pupil to object to reciting the passage of the Declaration of Independence, and that specify that a pupil shall not be required to participate if the pupil or the pupil's parent or guardian objects.

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6). Adopted effective February 15, 1979 (Supp. 79-1). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by final rulemaking at 7 A.A.R. 5363, effective November 7, 2001 (Supp. 01-4).

R7-2-306. English Language Learner Programs

A. Definitions. All terms defined in A.R.S. § 15-751 are applicable, with the following additions:

1. "AIMS test" means the Arizona Instrument to Measure Standards test prescribed by A.R.S. § 15-741.

2. "Arizona Academic Standards" means the standards adopted by the State Board of Education pursuant to A.R.S. §§ 15-203, 15-701, and 15-701.01.

3. "Board" means the State Board of Education.

4. "Compensatory instruction" means instruction given in addition to regular classroom instruction, such as individual or small group instruction, extended day classes, summer school or intersession school.

5. "Department" means the Department of Education.

6. "ELL" means English language learner.

7. "FEP" means fluent English language proficient, a student who has met the requirements for exit from an English language learner program.

8. "Federal ELL grant monies" means federal grants or funds awarded to an LEA to educate ELLs or to improve the LEA's capacity to educate ELLs, including but not limited to grants awarded under Title III of the No Child Left Behind Act of 2001, 20 U.S.C. 6301, et seq.

9. "IEP" means individualized education program, a written statement specifying special education services to be provided to a child with a disability.

10. "LEA" means local education agency, the school district or charter school that provides educational services.

11. "PHLOTE" means primary or home language other than English.

12. "Reassessment for reclassification" means the process of determining whether an English language learner may be reclassified as fluent English proficient (FEP).

13. "Superintendent" means the State Superintendent of Public Instruction.

14. "WICP" means written individualized compensatory plan that documents the scope and type of services provided to an ELL to overcome the identified language and academic deficiencies.

B. Identification of students to be assessed.

1. The primary or home language of all students shall be identified by the students' parent or legal guardian on the enrollment form and on the home language survey. These documents shall inform parents that the responses to these questions will determine whether their student will be assessed for English language proficiency.

2. A student shall be considered as a PHLOTE student if the home language survey or enrollment form indicates that one or more of the following are true:

a. The primary language used in the home is a language other than English, regardless of the language spoken by the student.

b. The language most often spoken by the student is a language other than English.

c. The student's first acquired language is a language other than English.

3. The English language proficiency of all PHLOTE students shall be assessed as provided in subsection (C).

C. English language proficiency assessment.

1. PHLOTE students in kindergarten and first grade shall be administered an oral English language proficiency test approved by the Board. Students who score below the publisher's designated score for fluent English language proficiency, or other such score based on the publisher's designated score that is adopted by the Board, shall be classified as ELLs.

2. PHLOTE students in grades 2-12 shall be administered the oral, reading and writing English language proficiency tests approved by the Board. Students who score below the publisher's designated score for fluent English proficiency, or such other score based on the publisher's designated score, that is adopted by the Board, shall be classified as ELLs. PHLOTE students in grades 2-12 who have scored at or above the 40th percentile on the English reading comprehension subtest of the nationally standardized norm-referenced achievement test adopted pursuant to A.R.S. § 15-741 or who have met or exceeded the standards on the reading and writing portions of the AIMS test are exempt from taking the oral, reading, and writing English language proficiency tests and shall not be classified as ELLs.

3. English language proficiency assessments shall be conducted by individuals who are proficient in English and trained in language proficiency testing to administer and score the tests.

4. The LEA shall assess the English language proficiency of all new PHLOTE students as prescribed above within 60 days of the beginning of the school year or within 30 school days of a student's enrollment in school, whichever is later, unless the LEA receives funds under Title III of the No Child Left Behind Act of 2001, 20 U.S.C. 6301 et seq. or another federal grant that requires earlier assessment and parental notification.

D. Assessment of students in special education or in the special education referral process. If a multidisciplinary evaluation or IEP team finds the procedures prescribed in subsections (B) and (C) inappropriate for a particular special education student, the LEA shall employ alternate procedures for identifying such students or assessing their English language proficiency. Persons conducting the English language assessment shall participate with the special education multidisciplinary evaluation or IEP team in the determination of the student's English language proficiency designation.

E. Screening and assessment of students in gifted education. ELLs who meet the qualifications for placement in a gifted educational program shall receive programmatic services designed to develop their specific areas of potential and academic ability and may be concurrently enrolled in gifted pro grams and English language learner programs.

F. English language learner programs.

1. All ELLs shall be provided daily instruction in English language development appropriate to their level of English language proficiency and consistent with A.R.S. §§ 15-751, 15-752, and, as applicable, 15-753. The English language instruction shall include listening and speaking skills, reading and writing skills, and cognitive and academic development in English.

2. ELLs shall be provided daily instruction in subject areas required under the minimum course of study adopted by the Board pursuant to R7-2-301 and R7-2-302 that is understandable and appropriate to the level of academic achievement of the ELL and is in conformity with accepted strategies for teaching ELLs. This subsection does not require an LEA to provide daily instruction in every subject area required pursuant to R7-2-301 and R7-2-302 if those subject areas are not provided daily to English proficient students.

3. The curriculum of all English language learner programs shall incorporate the Academic Standards adopted by the Board and shall be comparable in amount, scope and quality to that provided to English language proficient students.

4. ELLs who are not progressing toward achieving proficiency of the Arizona Academic Standards adopted by the Board, as evidenced by the failure to improve scores on the AIMS test or the nationally standardized norm-referenced achievement test adopted pursuant to A.R.S. § 15-741, shall be provided compensatory instruction to assist them in achieving those Arizona Academic Standards. A WICP describing the compensatory instruction provided shall be kept in the student's academic file.

5. On request of a parent or legal guardian of an ELL the principal of the ELL's school shall require a meeting with the principal or principal's designee, the parent or legal guardian and the classroom teacher to review the student's progress in achieving proficiency in the English language or in making progress toward the Arizona Academic Standards adopted by the Board, to identify any problems, to determine appropriate solutions and to identify the person or persons responsible for implementing the changes and determining their effectiveness.

G. Reassessment for reclassification.

1. The purpose of reassessment is to determine if an ELL has developed the English language skills necessary to succeed in the English language curricula.

2. An ELL may be reassessed for reclassification at any time, but shall be reassessed for reclassification at least once per year.

3. ELLs in kindergarten or first grade shall be reassessed with an alternate version of the oral test of English language proficiency used for initial assessment, unless the same test is no longer published or available when a student is to be reassessed. In such case, the school shall select a test from the Board approved tests for reassessment. Students who score at or above the test publisher's designated score for English language proficiency, or such other score adopted by the Board based on the publisher's designated score, may be reclassified as FEP. LEAs may also consider other indications of a student's overall progress, including teacher evaluation, and subject matter assessments that are aligned with grade level state content and performance standards in deciding whether to reclassify a student who has passed the oral proficiency test.

4. ELLs in grades 2-12 shall be reassessed with an alternate version of the oral, reading and writing English language proficiency tests used for initial assessment, unless the same test is no longer published or available when a student is to be reassessed. In such case the school shall select a test from the Board approved tests for reassessment. Students who score at or above the test publisher's designated score for English language proficiency, or such other score adopted by the Board, in all of the tests shall be reclassified as FEP.

5. LEAs shall notify the parents or legal guardians in writing that their child has been reclassified as FEP when the student meets the criteria for such reclassification.

H. Reassessment of special education students for English language reclassification. If a multidisciplinary evaluation or IEP team finds the procedures prescribed in subsection (G) inappropriate for a particular special education student, the LEA shall employ alternate procedures for reassessing the student for purposes of English language reclassification. Persons conducting the English language reassessment shall participate with the special education multidisciplinary evaluation or IEP team in the determination of the student's English language proficiency designation.

I. Evaluation of FEP students after exit from ELL programs.

1. The LEA shall monitor exited students based on the criteria provided in this Section during each of the two years after being reclassified as FEP to determine whether these students are performing satisfactorily in achieving the Arizona Academic Standards adopted by the Board. Such students will be monitored in reading, writing and mathematics skills and mastery of academic content areas, including science and social studies. The criteria shall be grade-appropriate and uniform throughout the LEA, and upon request, is subject to Board review. Students who are not making satisfactory progress shall, with parent consent, be provided compensatory instruction or shall be re-enrolled in an ELL program. A WICP describing the compensatory instruction provided shall be maintained in the students' ELL files.

2. The LEA shall use AIMS test scores to determine progress toward achieving the Arizona Academic Standards in monitoring FEP students after exit from an ELL program unless no score is available. Performing satisfactorily will be measured by whether a student meets or exceeds the state standards in reading, writing, and mathematics as measured by AIMS.

3. If an AIMS test score is not available because the test is not administered in the students' grade or to assess progress in academic subjects not assessed by AIMS, the LEA shall use one or more of the following criteria in its evaluation to determine progress toward achieving the Arizona Academic Standards in monitoring FEP students after exit from an ELL program:

a. LEA-developed criterion-referenced tests of academic achievement that demonstrate alignment to the Arizona Academic Standards; or

b. Standardized tests measuring academic achievement that demonstrate alignment to the Arizona Academic Standards; or

c. Nationally norm-referenced test scores; or

d. Teacher recommendations based on classroom assessments that demonstrate alignment to the Arizona Academic Standards.

J. Monitoring of ELL programs.

1. Each year the Department shall monitor at least 32 LEAs, as follows:

a. At least 12 of the 50 LEAs with the highest ELL enrollment;

b. At least 10 LEAs with ELLs that are not included in the 50 described above;

c. At least 10 LEAs that have reported that they have 25 or fewer ELL students in their schools; and

d. Other LEAs upon receipt of a documented written complaint from any Arizona resident, the U.S. Department of Education, or the U.S. Office for Civil Rights, alleging that the LEA is not complying with state or federal law regarding ELLs.

2. All of the 50 LEAs in subsection (J)(1)(a) shall be monitored by the Department at least once every four years.

3. The monitoring shall be on-site monitoring and shall include classroom observations, curriculum reviews, faculty interviews, student records reviews, and review of ELL programs. The Department may use personnel from other schools to assist in the monitoring.

4. The Department shall issue a report on the results of its monitoring within 45 days after completing the monitoring. If the Department determines that an LEA is not complying with state or federal laws applicable to ELL students, the LEA shall prepare and submit to the Department, within 60 days of the Department's determination, a corrective action plan that sets forth steps that the LEA will take to correct the deficiencies noted in the report.

5. The Department shall review and return such corrective action plan to the LEA within 30 days, noting any required changes. No later than 30 days after receiving its corrective action plan back from the Department, the LEA shall begin implementing the measures set forth in the plan, including any revisions required by the Department.

6. The Department shall conduct a follow-up evaluation of the LEA within one year after returning the corrective action plan to the LEA.

7. If the Department finds continued non-compliance during the follow-up evaluation, the LEA shall be referred to the Board for a determination of non-compliance. If the Board determines the LEA to be out of compliance with state or federal laws applicable to ELL students, it may take one or more of the following actions:

a. Temporarily withhold cash payments of federal ELL grant monies;

b. Disallow (that is deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance;

c. Wholly or partly suspend or terminate the current award of federal ELL grant monies;

d. Withhold further awards of federal ELL grant monies for the program.

8. The Department shall monitor all LEAs that the Board has determined to be non-compliant and which have had federal ELL grant monies withheld or terminated to ensure that such LEAs do not reduce the amount of funds spent on their ELL programs as the result of its loss of funds.

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6). New Section R7-2-306 adopted effective July 10, 1979 (Supp. 79-4). Amended effective August 20, 1981 (Supp. 81-4). Former Section R7-2-306 repealed, new Section R7-2-306 adopted effective November 14, 1984 (Supp. 84-6). Amended by final rulemaking at 10 A.A.R. 353, effective March 8, 2004 (Supp. 04-1).

R7-2-307. High School Equivalency Diplomas

A. For the purposes of this rule, the following definitions shall apply:

1. "DANTES" means the Defense Activity for Non-Traditional Education Support.

2. "Department" means the GED Division of the Arizona Department of Education.

3. "GED Test" means the general educational development test approved by the GEDTS and administered at a GED Testing Center.

4. "GED Testing Center" means a testing center established by the Department for the purpose of administering GED tests and providing GED testing services pursuant to the requirements established by GEDTS.

5. "GEDTS" means the GED Testing Service, Washington, D.C.

6. "USAFI" means the United States Armed Forces Institute.

B. Eligibility requirements. Any individual who is 16 years of age or older and who has officially been withdrawn from school for six consecutive months preceding testing may take a GED Test.

1. Individuals shall be required to provide the GED Testing Center with positive identification and proof of age; and

2. Individuals who are at least 16 years of age and under 18 years of age shall also be required to provide:

a. A signed statement of consent from a parent or legal guardian; and

b. A letter from the last school attended verifying that the individual has officially withdrawn from the school and that the individual has been withdrawn for a minimum of six consecutive months preceding the testing date.

C. Issuance of a diploma. The Department shall issue a high school equivalency diploma to any individual who has not received a high school diploma or high school equivalency certificate or diploma if the individual:

1. Meets the eligibility requirements specified in subsection (B) and has received passing scores on the GED Test; or

2. Is a member of the U.S. Armed Forces and has received passing scores on the GED Test through USAFI or DANTES provided that the individual's last high school enrollment was in an Arizona high school. Individuals who have taken the GED Test through USAFI or DANTES shall send their military permanent record and application card to DANTES with a request that the official GED Test scores and application card be forwarded to the Department; or

3. Has received passing scores on the GED Test taken at GEDTS, provided that the Department receives an official transcript directly from GEDTS.

D. The Department shall keep a record of test scores for each individual who has taken the GED Test. Incomplete scores and failing scores will be destroyed after one year from date of initial testing.

Historical Note

Adopted effective August 20, 1981 (Supp. 81-4). Amended subsections (A), (C), and (G) effective October 2, 1984 (Supp. 84-5). Amended effective December 22, 1997 (Supp. 97-4). Amended effective December 31, 1998 (Supp. 98-4).

R7-2-308. Adult Education

A. Definitions

1. English as a second language means teaching English to foreigners and to U.S. citizens who speak only a language other than English.

2. Project means the approved and funded application which is administered by the eligible applicant.

3. Eligible applicants are local educational agencies and public or private nonprofit agencies, organizations and institutions.

4. Authorized agent means an individual who has completed and filed a General Statement of Assurances with the Board.

B. Application for funding

1. Only eligible applicants may apply for funding.

2. The application shall be fully completed including:

a. The cover sheet

b. The narrative page(s)

c. The continuation sheet

d. The budget page

e. The budget backup page(s)

3. The application shall be signed by an authorized agent.

C. Board priorities and criteria for application approval

1. Priority shall be given to projects funded during the previous fiscal year which:

a. Provided at least 125 instructional hours and had an enrollment of at least 20 students per class.

b. Adhered to all applicable state and federal rules and regulations.

c. Completed and submitted all required state and federal reports.

d. Operated in an efficient and prudent manner and utilized volunteers where possible.

e. Demonstrated a high level of student retention and overall success as compared with the state average for these projects. Levels of success may be measured by student satisfaction and by the teacher's evaluation.

2. Equal opportunity for project application approval will be given to eligible applicants who demonstrate previous experience and performance in another program.

3. Criteria for approval shall include a determination by the project review committee that the application meets state and federal rules and regulations and the policies and procedures contained in the Arizona State Plan for Adult Education Programs.

D. Use of funds and student reporting

1. Federal and state funds shall not be co-mingled.

2. Projects shall not assess students a tuition charge for instruction or fees for books, instructional supplies, or materials used in the program.

3. Student attendance hours reported to the Adult Education Division shall not be used in securing financing from any other source. Classes taught by volunteers are not to be reported unless they are administered and supervised by the local project.

E. Course of study

1. Adult Basic Education (A.B.E.) and English as a Second Language (E.S.L.), students must be 16 years of age or over and in need of help in speaking, reading, or writing English and shall be functioning below the 8th grade level.

2. The course of study for A.B.E. and E.S.L. shall be a sequential program of instruction designed to:

a. Develop and improve communication and computational skills of students.

b. Raise the general educational level of students.

c. Improve the student's ability to benefit from occupational training.

d. Increase opportunities for more productive and profitable employment.

e. Assist students to be better able to meet their adult responsibilities as parents, citizens and as workers.

3. General Educational Development (G.E.D.) students shall be 18 years of age or over and shall not have completed secondary school or be otherwise entitled to be enrolled in public school.

4. The course of study shall:

a. Give the students a foundation in the areas of English, social studies, literature, science and math.

b. Enable students, through the development of critical thinking, to utilize new learning experiences in recognizing, evaluating and solving problems of daily life.

c. Attempt to motivate students to continue their education through more advanced study and to become more proficient in observing and adopting new skills in a changing society.

d. Equip students with the knowledge prerequisite for satisfactory achievement of the General Educational Development test.

5. Citizenship students shall be resident aliens 18 years of age or over.

6. The course of study shall:

a. Develop an increasing ability to speak, understand, read, and write English.

b. Encourage the student to become a participating citizen and give insight into the values of such participation.

c. Help the student prepare for the citizenship examination by developing a background in American history and government.

d. Create a desire for continued learning and self-realization.

F. Instructional personnel. An adult education certificate issued by the Board shall be required for a teacher to be eligible to teach in the Adult Education Program.

G. Reports

1. Each project shall maintain bookkeeping records and must be able to substantiate expenditures.

2. A financial report shall be filed quarterly for each project with the Adult Education Division within 30 days after the close of the quarter.

3. Projects shall be completed by June 30. A fiscal completion report which has been reconciled with the County School Superintendent's Office, or if another agency, that agency's comparable administrative office, shall be filed with the Adult Education Division within 60 days after the project ending date.

4. A project reporting system designed to collect student and staff attendance and demographic information is required. These reports shall be filed with the Adult Education Division no later than the fifth day of the month for the previous month, and shall have been reviewed by the local project director for accuracy, completeness of information, minimum enrollment, attendance and student eligibility.

5. An annual written report on the year's activities, including internal written monitoring reports, shall be submitted to the Adult Education Division, no later than August 31.

H. Amendments. If changes in the approved program or budget are desired, an amendment shall be submitted to the Adult Education Division for review and approval prior to expending any funds for the proposed changes.

Historical Note

Adopted effective December 14, 1984 (Supp. 84-6).

R7-2-309. Completion of grade 10

Completion of grade 10 is accomplished when a student has earned 10 credits which shall include:

1. Two credits of English.

2. One credit of mathematics.

3. One credit of science.

4. Six credits of additional courses prescribed by the local Governing Board.

Historical Note

Adopted effective March 13, 1986 (Supp. 86-2).

R7-2-310. Pupil achievement testing

A. The nationally standardized norm-referenced achievement tests adopted by the State Board shall be given annually during a week in September or October. By June 1 of each year the Board shall designate the week during the fall for testing for the next school year and all school districts shall administer the test during the week designated.

B. The superintendent or head of district shall be responsible for:

1. Providing school district enrollment data to the Department of Education annually for purposes of test material distribution.

2. Verifying the count of test materials received and distributing the test materials to each public school in the district.

3. Securing the test materials prior to distribution to pupils or persons administering the tests at the time of testing, as well as after the time of testing. Test materials shall be kept in locked storage.

4. Advising all district employees that the test materials are not to be reproduced in any manner.

5. Familiarizing each person who will administer the test with the test publishers' directions for administering the tests, the timing of the tests and the testing schedule. This is to be accomplished through meetings which shall not be held prior to one week before the first day of testing. At the conclusion of each such meeting, all test materials are to be collected and returned to locked storage.

6. Distributing actual test materials to persons administering the tests on the day of testing.

7. Training persons administering the tests on how to properly complete the identification information on the test booklet/answer sheet and how to code the information required on the variables being collected pursuant to A.R.S. § 15-741, et seq.

8. Properly packaging all tests/answer sheets which are to be scored by the scoring contractor. Packaging shall comply with instructions furnished by the scoring contractor or Department of Education.

9. Forwarding all tests/answer sheets to be scored to the scoring contractor per instructions. Tests/answer sheets for the entire district should be forwarded in one shipment.

10. Retaining all unused and reusable test materials, reporting them in the school's inventory and storing them in a safe and secure manner.

11. Immediately reporting to the Department of Education any losses of test materials or other irregularities.

12. The superintendent or head of district may designate a testing coordinator to act on his behalf.

C. Persons designated by the superintendent or head of district to administer the test shall:

1. Keep all test materials in locked storage.

2. Not reproduce any test materials in any manner.

3. Not disclose any actual test items to pupils prior to testing.

4. Not provide answers of any test items to any pupils.

5. Administer only practice tests which are provided by the test publishers. Previous editions of the test series being used in the statewide testing program may not be used as practice tests.

6. Strictly observe all timed subtests. The test publishers' suggested time limits for untimed subtests shall be followed as closely as possible in order to maintain uniformity in test administration.

7. Follow directions for administering the test explicitly. No test item may be repeated unless otherwise indicated in the directions.

8. Not change a pupil's answer.

9. Return all test materials to the superintendent or head of district immediately upon completion of testing.

D. All violations of this rule shall be referred by the superintendent or head of district to the State Superintendent of Public Instruction, for appropriate action.

E. For purposes of determining if a student may be exempt from the norm-referenced achievement testing requirement pursuant to A.R.S. § 15-744(B), the local governing board shall:

1. Verify that all students to be exempted have been assessed for language proficiency as required by R7-2-306 in the areas of listening, speaking, reading and writing in English and the primary language and have been determined to be limited English proficient.

2. Verify that all limited-English-proficient students considered for exemption are enrolled in one of the following programs as required by A.R.S. § 15-754:

a. K-6 Transitional Bilingual Program;

b. 7-12 Structured Bilingual Program;

c. K-12 Bilingual Bicultural Program;

d. English as a Second Language Program; or

e. Individualized Education Program (this program is only acceptable if there are fewer than 10 limited-English-proficient students in a kindergarten program or a grade in a school).

3. Submit to the Arizona Department of Education, no later than September 30 of each year, a governing board resolution for the exemption of eligible students. This resolution shall contain the number, grade level, year of exemption status and primary language of all students to be exempted and an assurance signed by the governing board president and notarized that the requirements of subsections (E)(1) and (E)(2) have been met.

4. Submit to the Arizona Department of Education, no later than December 1 of each year, a final report describing the total number of actual students to be exempted.

F. Limited English students exempted from the norm-referenced achievement testing program shall be assessed annually with an alternative to the norm-referenced achievement test. If the exempted student is in grades 3, 8, or 12, the student shall be administered the assessments prescribed in subsection (F)(2)(c). Alternatives shall be as follows:

1. In the first year a limited-English-proficient student is enrolled within the district, the district may:

a. Administer the language proficiency testing conducted pursuant to R7-2-306; or

b. Administer the assessments prescribed in subsection (F)(2)(a) or (b) as the alternative assessment in the areas of reading and writing. In the area of mathematics, districts shall administer the district measurement that has been adopted to assess the essential skills in English or in the primary language to such students.

2. In the years following the first year of enrollment in the district, the alternative assessment shall be:

a. The tests that have been adopted by the district in accordance with A.R.S. § 15-741 to assess the essential skills in reading, writing and mathematics in English; or

b. The tests that have been adopted by the district in accordance with A.R.S. § 15-741 to assess the essential skills in the student's primary language in reading, writing and mathematics. In determining which primary language assessment to administer, the governing board shall consider the extent to which the exempted student has received recent schooling in the primary language;

c. Beginning in the 1991-92 school year, the Arizona Student Assessment Program Essential Skills Tests in English or Spanish shall be administered to exempted students who are enrolled in grades 3, 8, or 12.

3. Alternative assessment instruments specified in subsection (F)(2)(a) or (b) shall be used at the instructional levels for which they were designed.

4. Alternative assessment administered as specified in subsection (F)(2)(a) or (b) shall be conducted at any time prior to April 30 of the school year.

5. The results of alternative assessments administered pursuant to subsections (F)(2)(a) and (b) of this subsection shall be submitted to the Department of Education prior to May 30 of the school year.

G. The school district shall maintain cumulative files regarding exemptions.

H. Beginning in the 1991-1992 school year, the District Assessment Plan filed pursuant to A.R.S. § 15-741(C)(3) shall include plans for the alternative assessment of limited-English- proficient students.

Historical Note

Adopted effective March 13, 1986 (Supp. 86-2). Amended subsections (A) and (B) effective February 25, 1987 (Supp. 87-1). Amended effective October 22, 1991; amended effective December 20, 1991 (Supp. 91-4).

R7-2-311. Pupil testing variable information

Persons designated by the superintendent or head of district to administer the State Board approved nationally standardized norm-referenced achievement tests shall assure that the following information is properly completed on the answer document for each pupil participating in the testing program:

1. Sex

2. Primary language

3. Racial/ethnic background.

4. Limited English proficient pupils participating in required programs by type pursuant to A.R.S. § 15-754, where applicable.

Historical Note

Adopted effective June 25, 1986 (Supp. 86-3).

R7-2-312. Honorary High School Diploma

A. An honorary high school diploma shall be provided to an individual who has never obtained a high school diploma and who meets each of the following requirements:

1. Is at least 65 years of age;

2. Currently resides in Arizona;

3. Provides documented evidence from the Arizona Department of Veterans' Services that the individual enlisted in the armed forces of the United States before completing high school in a public or private school; and

4. Was honorably discharged from service with the armed forces of the United States.

B. All high schools shall provide for the presentation of an honorary high school diploma to an individual eligible pursuant to subsection (A). The individual shall not be required to reside within the school boundaries.

Historical Note

Adopted effective December 15, 1989 (Supp. 89-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by final rulemaking at 9 A.A.R. 1125, effective May 10, 2003 (Supp. 03-1).

R7-2-313. Academic contests fund

The State Board of Education establishes an academic contests fund consisting of monies appropriated by the legislature or received as gifts or grants for deposit in the academic contests fund pursuant to A.R.S. § 15-1241.

1. The Superintendent of Public Instruction shall, at least annually, compile a list of national contests to be presented to the State Board of Education for approval. Contest requirements are:

a. Shall be sponsored by a recognized national organization.

b. Shall be academic in nature, motivate pupils to be creative and demonstrate excellence.

c. Shall be open to all pupils, regardless of race, creed, sex or national origin. Contests may separate pupils by age or grade level.

2. School districts shall submit an application for academic contest funds to the Superintendent of Public Instruction for student and chaperone expenses. Requirements are:

a. No other sponsoring agency is assuming the total costs.

b. The participation of the students shall be the result of successfully competing at the local or state level, or both, of that contest.

c. The governing board of the school district in which the students attend shall approve the participation and travel of the students.

d. The fiscal agent applying for academic contest funds shall be an authorized district representative and responsible for the disbursement of travel funds.

e. A school district receiving academic contest funds shall submit a completion report and return any unused portion within 90 days after completion of travel to the Department of Education.

3. Application review and approval; funding limitations.

a. The State Board of Education shall annually set expenditure limitations for expenses of students and chaperones. These limitations shall be based on the number of applicants, monies available and current state travel regulations.

b. The Superintendent of Public Instruction shall review applications for academic contest funds and shall approve applications based upon the criteria set forth in this rule and the availability of funds.

Historical Note

Adopted effective December 15, 1989 (Supp. 89-4).

R7-2-314. Repealed

Historical Note

Adopted effective August 14, 1991 (Supp. 91-4). Repealed effective February 20, 1997 (Supp. 97-1).

R7-2-315. Repealed

Historical Note

Adopted effective November 17, 1994 (Supp. 94-4). Repealed effective February 20, 1997 (Supp. 97-1).

Appendix A. Repealed

Historical Note

Adopted effective November 17, 1994 (Supp. 94-4). Repealed effective February 20, 1997 (Supp. 97-1).

R7-2-316. Charter Schools Stimulus Fund

A. "Start-up costs" mean those costs associated with developing or implementing the following essential components of a charter school:

1. The hiring of teachers and other essential staff members;

2. The hiring of a chief administrative officer and other costs associated with instituting the administrative structure of the school;

3. Curriculum development and implementation;

4. The leasing of physical facilities or equipment and costs associated with establishment of utility services and accounts;

5. Operational expenses incurred prior to the date on which the charter school begins operations;

6. The development and implementation of an accounting system which complies with the uniform system of financial records requirements;

7. Obtaining insurance, including prepayment of premiums which will effectuate insurance coverage during the first year of operation;

8. Costs associated with licensing and compliance with other health, safety and civil rights requirements.

B. "Costs associated with renovating or remodeling existing buildings and structures" means those costs associated with the following essential components:

1. Modifications affecting the structural integrity of the building, including those changes needed to meet building code and zoning standards.

2. Modifications needed to meet non-structural building code requirements, such as those related to plumbing, electrical wiring and fire safety.

3. Modifications needed to meet state health standards, such as those related to rest rooms and food preparation and service.

4. Adjusting the size of rooms to accommodate the number of students to be served.

5. Construction-related finish work, such as exterior and interior replastering and painting, carpeting, flooring, baseboards and door hanging.

6. Roofing and air conditioning/heating installation or repair required prior to operation of the school.

7. Access requirements for persons with disabilities.

C. The State Board of Education shall, subject to legislative appropriation, provide an initial grant or an additional grant from the charter schools stimulus fund to applicants who have a charter or application that has been approved by a sponsor pursuant to A.R.S. § 15-183 and who meet the requirements of A.R.S. § 15-188 and this Section. The grant may be in any amount up to $100,000 per charter school applicant or charter school.

D. The application for an initial grant shall include:

1. A copy of the applicant's charter;

2. The identity of the sponsor which approved the charter;

3. The total amount of funding requested;

4. An itemization of the specific start-up costs and costs associated with renovating or remodeling existing building and structures for which the funds will be used. Itemization shall include the amount of funds requested for each essential component and a detailed explanation of the basis for calculating the amount requested;

5. The number of students to be served at the school;

6. The dimensions of the facility in which the school is to be operated;

7. A description of the extent to which the facility must be remodeled or renovated in order to meet applicable health and safety standards, unless this information is included in the applicant's charter.

E. The application for an additional grant shall be in a format approved by the State Board of Education and shall include:

1. The date and amount of the initial grant award.

2. A copy of any amendments or other modifications to the charter or application which formed the basis for the initial grant.

3. The identity of the current sponsor of the charter school.

4. An itemized accounting of the expenditures made with the initial grant monies.

5. The total amount of additional funding requested.

6. An itemization of the specific start-up costs associated with renovating or remodeling existing buildings and structures for which the additional funds will be used. Itemization shall include the amount of funds requested for each essential component and a detailed explanation of the basis for calculating the amount requested.

F. In its review of an application for a stimulus fund grant, the State Board of Education may receive information concerning the application from the Department of Education, an advisory committee, and any other source. The State Board may award a grant in an amount different from that requested by the applicant. No grant shall be awarded pursuant to this Section unless the State Board determines that:

1. Every amount requested in the applicant's itemization of costs is for the essential component with which the amount is associated; and

2. Based on all of the information before the State Board concerning the application, there is a rational basis for the award of funds.

G. No applicant or charter school shall be eligible for more than one initial grant and one additional grant, regardless of the amount awarded.

H. An applicant who receives an initial grant and fails to begin operating a charter school within the 18 months following the date of the award shall reimburse the Department of Education for the amount of the initial grant plus interest calculated at a rate of 10% per year. Such reimbursement is immediately due and payable at the end of the initial 18-month period.

I. An applicant who receives an additional grant and fails to begin operating a charter school within the 18 months following the date of the award shall reimburse the Department of Education for the amount of the initial grant plus interest calculated at a rate of 10% per year. Such reimbursement is immediately due and payable at the end of the applicable 18-month period and is in addition to any amounts required by subsection (H).

J. An applicant for a grant pursuant to this rule shall be notified of the date at which the State Board of Education shall consider the application no less than 10 days in advance thereof. Written notification of the Board's decision concerning an application for a grant shall be mailed to the applicant within 10 days following such decision.

Historical Note

Adopted effective April 20, 1995 (Supp. 95-2).

ARTICLE 4. SPECIAL EDUCATION

R7-2-401. Special Education Standards for Public Agencies Providing Educational Services

A. For the purposes of this Article, the Individuals with Disabilities Education Act Amendments of 1997 (IDEA), 20 USC 1400 et seq. as reauthorized on June 4, 1997, and the IDEA 1997 regulations, 34 CFR 300.4 through 300.756 effective March 1999, are incorporated herein by reference. Copies of the incorporated material can be obtained from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 37195-7954, Pittsburgh, PA 15250 or the Arizona Department of Education, Exceptional Student Services, 1535 West Jefferson, Phoenix, Arizona 85007. This Article does not include any later amendments or additions to IDEA or IDEA regulations.

B. Definitions. All terms defined in the regulations for the Individuals with Disabilities Education Act (IDEA) 1997 Amendments (34 CFR 300.4 through 300.30, and 300.504) and A.R.S. § 15-761 are applicable, with the following additions:

1. "Accommodations" means the provisions made to allow a student to access and demonstrate learning. Accommodations do not substantially change the instructional level, the content or the performance criteria, but are made in order to provide a student equal access to learning and equal opportunity to demonstrate what is known. Accommodations shall not alter the content of the curriculum or a test, or provide inappropriate assistance to the student within the context of the test.

2. "Adaptations" means changes made to the environment, curriculum, and instruction or assessment practices in order for a student to be a successful learner. Adaptations include accommodations and modifications. Adaptations are based on an individual student's strengths and needs.

3. "Administrator" means the chief administrative official or designee (responsible for special education services) of a public education agency.

4. "Audiologist" means a person who specializes in the identification and prevention of hearing problems and in the non-medical rehabilitation of those who have hearing impairments and who is licensed to practice audiology according to A.R.S. Title 36, Chapter 17, Article 4.

5. "Boundaries of responsibility" means for:

a. A school district, the geographical area within the legally designated boundaries.

b. A public agency other than a school district, the population of students enrolled in a charter school or receiving educational services from a public agency.

6. "Certified school psychologist" means a person holding a certificate from the Arizona State Board of Education issued pursuant to 7 A.A.C. 2, Article 6, in the area of school psychology.

7. "Certified speech/language therapist" means a person holding a certificate from the Arizona State Board of Education issued pursuant to 7 A.A.C. 2, Article 6, and a license from the Arizona Department of Health Services as a speech/language pathologist in accordance with A.R.S. Title 36, Chapter 17, Article 4.

8. "Department" means the Arizona Department of Education.

9. "Doctor of medicine" means a person holding a license to practice medicine pursuant to Chapter 13 (medical doctor) or Chapter 17 (doctor of osteopathy) of Title 32, Arizona Revised Statutes.

10. "Exceptional Student Services Division" or "ESS" means the Exceptional Student Services Division of the Arizona Department of Education.

11. "Evaluator" means a qualified person in a field relevant to the child's disability who administers specific and individualized assessment for the purpose of special education evaluation and placement.

12. "Full and individual evaluation" means procedures used in accordance with the IDEA to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs. This evaluation includes:

a. A review of existing information about the child; and

b. A decision regarding the need for additional information; and

c. If necessary, the collection of additional information; and

d. A review of all information about the child and a determination of eligibility for special education services and needs of the child.

13. "Independent educational evaluation" means an evaluation conducted by a qualified evaluator who is not employed by the public education agency responsible for the education of the child in question.

14. "Interpreter" means a person trained to translate orally or in sign language in matters pertaining to special education identification, evaluation, placement, the provision of FAPE, or assurance of procedural safeguards for parents and students who converse in a language other than spoken English. Each student's IEP team determines the level of interpreter skill necessary for the provision of FAPE.

15. "Language in which the student is proficient" means all languages including sign language systems.

16. "Licensed psychologist" means a person holding a license from the state of Arizona Board of Psychologist examiners in accordance with A.R.S. Title 32, Chapter 19.1, Article 2.

17. "Modifications" means substantial changes in what a student is expected to learn and to demonstrate. Changes may be made in the instructional level, the content or the performance criteria. Such changes are made to provide a student with meaningful and productive learning experiences, environments, and assessments based on individual needs and abilities.

18. "Paraeducator" means a person employed to assist with the education of students but who is not certified to teach by the Arizona Department of Education. Alternate terms may include paraprofessional, teacher aide, instructional assistant or other similar titles.

19. "Private school" means any nonpublic educational institution where academic instruction is provided, including nonsectarian and parochial schools, that are not under the jurisdiction of the state or a public education agency.

20. "Private special education school" means a private school that is established to serve primarily students with disabilities. The school may also serve students without disabilities.

21. "Psychiatrist" means a doctor of medicine who specializes in the study, diagnosis, treatment and prevention of mental disorders.

22. "Public education agency" or "PEA" means a school district, charter school, accommodation school, state supported institution, or other political subdivision of the state that is responsible for providing education to children with disabilities.

23. "Screening" means an informal or formal process of determining the status of a child with respect to appropriate developmental and academic norms. Screening may include observations, family interviews, review of medical, developmental, or education records, or the administration of specific instruments identified by the test publisher as appropriate for use as screening tools.

24. "Special education teacher" means a teacher holding a special education certificate from the Arizona Department of Education.

25. "Suspension" means a disciplinary removal from a child's current placement that results in a failure to provide services to the extent necessary to enable the child to progress appropriately in the general curriculum and advance toward achieving the goals set out in the child's IEP. The term does not include disciplinary actions or changes in placement through the IEP process if the child continues to receive the services described above. The term does include actions such as "in-school" and "going home for the rest of the day" removals if the child does not receive the services described above.

C. Public Awareness.

1. Each public education agency shall inform the general public and all parents, within the public education agency's boundaries of responsibility, of the availability of special education services for students aged three through 21 years and how to access those services. This includes information regarding early intervention services for children aged birth through 2 years.

2. Each public education agency is responsible for public awareness within their enrolled population (including the families of enrolled students).

3. School districts are responsible for public awareness in private schools located within their geographical boundaries.

D. Child Identification and Referral.

1. Each public education agency shall establish, implement, and disseminate to its school-based personnel and all parents, within the public education agency boundaries of responsibility, written procedures for the identification and referral of all children with disabilities, aged birth through 21, including children with disabilities attending private schools and home schools, regardless of the severity of their disability.

2. Each public education agency will require all school-based staff to review the written procedures related to child identification and referral on an annual basis. The public education agency shall maintain documentation of staff review.

3. Procedures for child identification and referral shall meet the requirements of the IDEA and regulations, Title 15, Chapter 7, Article 4 and these rules.

4. The public education agency responsible for child identification activities is the school district in which the parents reside unless:

a. The student is enrolled in a charter school or public education agency that is not a school district. In that event, the charter school or public education agency is responsible for child identification activities;

b. The student is enrolled in a private school. In that event, the school district within whose boundaries the private school is located is responsible for child identification activities.

5. Identification (screening for possible disabilities) shall be completed within 45 calendar days after:

a. Entry of each preschool or kindergarten student and any student enrolling without appropriate records of screening, evaluation, and progress in school; or

b. Notification to the public education agency by parents of concerns regarding developmental or educational progress by their child aged 3 years through 21 years.

6. Screening procedures shall include vision and hearing status and consideration of the following areas: cognitive or academic, communication, motor, social or behavioral, and adaptive development. Screening does not include detailed individualized comprehensive evaluation procedures.

7. For a student transferring into a school; the public education agency shall review enrollment data and educational performance in the prior school. If there is a history of special education for a student not currently eligible for special education, or poor progress, the name of the student shall be submitted to the administrator for consideration of the need for a referral for a full and individual evaluation or other services.

8. If a concern about a student is identified through screening procedures or through review of records, the public education agency shall notify the parents of the student of the concern within 10 school days and inform them of the public education agency procedures to follow-up on the student's needs.

9. Each public education agency shall maintain documentation of the identification procedures utilized, the dates of entry into school or notification by parents made pursuant to subsection (D)(5), and the dates of screening. The results shall be maintained in the student's permanent records in a location designated by the administrator. In the case of a student not enrolled, the results shall be maintained in a location designated by the administrator.

10. If the identification process indicates a possible disability, the name of the student shall be submitted to the administrator for consideration of the need for a referral for a full and individual evaluation or other services. A parent or a student may request an evaluation of the student. If the parent of an identified student enrolled in a private school does not reside within the school district boundaries, the parent, with the assistance of the school district, shall notify the district in which the parents reside of the needs of the student and the residence school district will assume responsibility for follow-up.

11. If, after consultation with the parent, the responsible public education agency determines that a full and individual evaluation is not warranted, the public education agency shall provide prior written notice and procedural safeguards notice to the parent in a timely manner.

E. Evaluation/re-evaluation.

1. Each public education agency shall establish, implement, disseminate to its school-based personnel, and make available to parents within its boundaries of responsibility, written procedures for the initial full and individual evaluation of students suspected of having a disability, and for the re-evaluation of students previously identified as being eligible for special education.

2. Procedures for the initial full and individual evaluation of children suspected of having a disability and for the re-evaluation of students with disabilities shall meet the requirements of IDEA and regulations, and state statutes and State Board of Education rules.

3. The initial evaluation of a child being considered for special education, or the re-evaluation per a parental request of a student already receiving special education services, shall be completed as soon as possible, but shall not exceed 60 calendar days from receipt of informed written consent. If the public education agency initiates the evaluation, the 60-day period shall commence with the date of receipt of informed written consent and shall conclude with the date of the Multidisciplinary Evaluation Team (MET) determination of eligibility. If the parent requests the evaluation and the MET concurs, the 60-day period shall commence with the date that the written parental request was received by the public education agency and shall conclude with the date of the MET determination of eligibility.

4. The 60-day evaluation period may be extended for an additional 30 days, provided it is in the best interest of the child, and the parents and PEA agree in writing to such an extension. Neither the 60-day evaluation period nor any extension shall cause a re-evaluation to exceed the timelines for a re-evaluation within three years of the previous evaluation.

5. The public education agency may accept current information about the student from another state, public agency, public education agency, or independent evaluator. In such instances, the Multidisciplinary Evaluation Team shall be responsible for reviewing and approving or supplementing an evaluation to meet the requirements identified in subsections (E)(1) through (7).

6. For the following disabilities, the full and individual initial evaluation shall include:

a. Emotional disability: verification of a disorder by a psychiatrist, licensed psychologist, or a certified school psychologist.

b. Hearing impairment:

i. An audiological evaluation by an audiologist; and

ii. An evaluation of communication/language proficiency.

c. Other health impairment: verification of a health impairment by a doctor of medicine.

d. Specific learning disability: a determination of whether the discrepancy between achievement and ability meet the public education agency criteria.

e. Orthopedic impairment: verification of the physical disability by a doctor of medicine.

f. Speech/language impairment: an evaluation by a certified speech/language therapist.

g. For students whose speech impairments appear to be limited to articulation, voice, or fluency problems, the written evaluation may be limited to:

i. An audiometric screening within the past calendar year;

ii. A review of academic history and classroom functioning;

iii. An assessment of the speech problem by a speech therapist; or

iv. An assessment of the student's functional communication skills.

h. Traumatic brain injury: verification of the injury by a doctor of medicine.

i. Visual impairment: verification of a visual impairment by an ophthalmologist or optometrist.

7. The Multidisciplinary Evaluation Team shall determine, in accordance with the IDEA and regulations, whether the requirements of subsections (E)(6)(a) through (i) are required for a student's re-evaluation.

F. Individualized Education Program (IEP).

1. Each public education agency shall establish, implement, and disseminate to its school-based personnel, and make available to parents, written procedures for the development, implementation, review, and revision of IEPs.

2. Procedures for IEPs shall meet the requirements of the IDEA and regulations, and state statutes and State Board of Education rules.

3. Procedures shall include the incorporation of Arizona Academic Standards into the development of each IEP. IEP goals aligned with the Arizona Academic Standards shall identify the specific level within the Standard that is being addressed.

4. Each IEP of a student with a disability shall stipulate the provision of instructional or support services by a special education teacher, certified speech/language therapist, and/or ancillary service provider(s), as appropriate.

5. Each student with a disability shall participate in the Arizona Student Assessment Program. The level at which a student will be assessed shall be documented on the student's IEP and shall be at least at the student's instructional level. The IEP shall also document instructional and assessment adaptations required by the student.

6. A meeting shall be conducted to review and revise each student's IEP at least annually, or more frequently if the student's progress substantially deviates from what was anticipated. The public education agency shall provide written notice of the meeting to the parents of the student to ensure that parents have the opportunity to participate in the meeting.

7. A parent or public education agency may request in writing a review of the IEP. Such review shall take place within 15 school days of the receipt of the request or at a mutually agreed upon time but not to exceed 30 school days.

G. Least Restrictive Environment.

1. Each public education agency shall establish, implement, and disseminate to its school-based personnel, and make available to parents, written procedures to ensure the delivery of special education services in the least restrictive environment as identified by IDEA and regulations, and state statutes and State Board of Education rules.

2. A continuum of services and supports for students with disabilities shall be available through each public education agency.

H. Procedural Safeguards.

1. Each public education agency shall establish, implement, and disseminate to its school-based personnel and parents of students with disabilities written procedures to ensure children with disabilities and their parents are afforded the procedural safeguards required by federal statute and regulation and state statute. These procedures shall include dissemination to parents information about the public education agency's and state's dispute resolution options.

2. In accordance with the prior written notice requirements of IDEA, prior written notice must be issued in a timely manner following a decision by a PEA to propose to initiate or change, or refuse to initiate or change, the identification, evaluation, educational placement or the provision of FAPE to the child.

I. Confidentiality.

1. Each public education agency shall establish, implement, and disseminate to its personnel, and make available to parents, written policies and procedures to ensure the confidentiality of records and information in accordance with the IDEA, the Family Education Rights and Privacy Act (FERPA) and regulations, and state statutes.

2. Parents shall be fully informed about the requirements of IDEA 300.127, including an annual notice of the policies and procedures that the PEA must follow regarding storage, disclosure to a third party, retention, and destruction of personally identifiable information.

3. Upon receiving a written request, each public education agency shall forward special education records to any other public education agency in which a student is attempting to enroll. Records shall be forwarded within the time-frame specified in A.R.S. § 15-828(F). The public education agency shall also forward records to any other person or agency for which the parents have given signed consent.

J. Preschool Programs. Each public education agency responsible for serving preschool children with disabilities shall establish, implement, and disseminate to its personnel, and make available to parents, written procedures for:

1. The operation of the preschool program in accordance with federal statute and regulation, and state statute;

2. The smooth and effective transition from the Arizona Early Intervention Program (AzEIP) to a public school preschool program in accordance with the agreement between the Department of Economic Security and the Department; and

3. The provision of a minimum of 360 minutes of instruction in a program that operates at least three days a week.

K. Children in Private Schools.

Each public education agency shall establish, implement, and disseminate to its personnel, and make available to parents, written procedures regarding the access to special education services to students enrolled in private schools as identified by the IDEA and regulations, and state statutes and State Board of Education rules.

L. State Education Agency Responsible for General Supervision and Obligations Related to and Methods of Ensuring Services.

1. The Department is responsible for the general supervision of services to children with disabilities aged 3 through 21 served through a public education agency.

2. The Department shall ensure through fund allocation, monitoring, dispute resolution, and technical assistance that all eligible students receive a free appropriate public education in conformance with the IDEA regulations, A.R.S. Title 15, Chapter 7, Article 4, and these rules.

M. Procedural Requirements Relating to Public Education Agency Eligibility.

1. Each public education agency shall establish eligibility for funding with the Arizona Department in accordance with the IDEA and regulations, and state statutes and with schedule and method prescribed by the Department.

2. In the event the Department determines that a public education agency does not meet eligibility for funding requirements, the public education agency has a right to a hearing before such funding is withheld.

3. The Department may temporarily interrupt payments during any time period when a public education agency has not corrected deficiencies in eligibility for federal funds as a result of fiscal requirements of monitoring, auditing, complaint and due process findings.

4. Each public education agency shall, on an annual basis, determine the number of children within each disability category who have been identified, located, evaluated, and/or receiving special education services. This includes children residing within the boundaries of responsibility of the public education agency who have been placed by their parents in private schools or who are home schooled.

N. Public Participation.

1. Each public education agency shall establish, implement, and disseminate to its personnel, and make available to parents, written procedures to ensure that, prior to the adoption of any policies and procedures needed to comply with federal and state statutes and regulations, there are:

a. Public hearings,

b. Notice of the hearings, and

c. An opportunity for comment available to the general public, including individuals with disabilities and parents of children with disabilities.

2. This requirement does not pertain to day-to-day operating procedures.

O. Suspension and Expulsion.

1. Each public education agency shall establish, implement, and disseminate to its personnel, and make available to parents, written procedures for the suspension and expulsion of students with disabilities.

2. Each public education agency shall require all school-based staff involved in the disciplinary process to review the policies and procedures related to suspension and expulsion on an annual basis. The public education agency shall maintain documentation of staff review.

3. Procedures for such suspensions and expulsions shall meet the requirements of the IDEA and regulations, and state statutes.

Historical Note

Amended effective December 11, 1974. Amended effective July 14, 1975 (Supp. 75-1). Amended effective July 1, 1977 (Supp. 77-4). Amended effective April 26, 1978 (Supp. 78-2). Former Section R7-2-401 repealed, new Section R7-2-401 adopted effective December 4, 1978 (Supp. 78-6). Amended by adding subsection (H) as an emergency effective July 20, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-4). Emergency expired. Amended (D)(11), (E)(5)(b) and added (H) effective December 14, 1984 (Supp. 84-6). Amended as an emergency effective June 18, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-3). Emergency expired. Amended subsection (D) by adding subsection (12) effective March 13, 1986 (Supp. 86-2). Amended subsection (G) effective July 8, 1986 (Supp. 86-4). Amended subsections (D) and (H) and added subsection (I) effective June 22, 1987 (Supp. 87-2). Amended effective August 2, 1988 (Supp. 88-3). Amended effective December 6, 1995 (Supp. 95-4). Amended by final rulemaking at 7 A.A.R. 1541, effective March 19, 2001 (Supp. 01-1). Amended to correct a manifest typographical error in subsection (D)(1) (Supp. 01-3). Subsections (D)(9), (E)(4), and (E)(6) amended under A.R.S. § 41-1011 to correct subsection cross-references (Supp. 02-2). Amended by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4).

R7-2-402. Standards for Approval of Special Education Programs in Private Schools

A. Definitions. All terms defined in the regulations for the Individuals with Disabilities Education Act (IDEA) 1997 Amendments (34 CFR 300.4 through 300.30), A.R.S. § 15-761, and State Board of Education rule R7-2-401 are applicable.

B. No student may be placed by a public education agency in a private school special education school program unless the facility has been approved as meeting the standards as outlined in this rule, and the public education agency is unable to provide satisfactory education and services through its own facilities and personnel.

C. In order for a private special education school to be approved by the Department for the purpose of contracting with a public education agency, the private facility shall:

1. Provide special education instructional programs for students with disabilities that are at least comparable to those provided by the public schools of Arizona and meet the requirements of IDEA.

2. Provide the following documentation:

a. Policies and procedures based on IDEA and state statues;

b. Curriculum that is aligned with the Arizona Academic Standards;

c. A completed application;

d. Copies of all teacher and related service personnel certifications and licenses; and

e. If applicable, a copy of North Central Accreditation.

3. Provide certificated special education teachers in each classroom to implement the IEPs of those students assigned to that classroom.

4. Provide related services to meet the needs of the students as indicated on their IEPs.

5. Provide administration personnel such as head teacher, principal, or other administrator certificated in an administrative area or experienced and certificated in the appropriate area of special education.

6. Provide an education that meets the standards that apply to education provided by the public education agency.

7. Maintain student records in accordance with the statutory requirements.

8. Accept all responsibilities concerning instructional programs to the disabled student and parent or guardian that are required of the public schools of Arizona. Ultimate responsibility for any student under contract in a private special education school rests with the public education agency contracting for the students' education.

9. Administer all required statewide assessments to those students placed in the private facility by a PEA or through the educational voucher system.

10. Maintain adequate liability insurance.

11. Maintain an accounting system and budget which includes the costs of operation, maintenance, transportation, and capital outlay, and which is open to review upon request.

12. Maintain an attendance reporting system that provides public education agencies and the Department with required information.

13. Provide notification to contracting public education agencies and the Department of any changes in staff or deletion of programs within 10 school days of the change or deletion.

14. Provide notification to the contracting PEA of any intent to discontinue, suspend, or terminate services to a student for longer than 10 days. Services to the student must be continued by the private school until an IEP meeting with the PEA is convened to determine an appropriate alternative placement. The PEA must be given up to 10 school days to arrange for the transition of the student after the IEP determination.

15. Permit onsite evaluation of the program by the Department or its designees, and the representatives of the public education agencies.

16. Request approval to contract with public education agencies from the Department in accordance with the prescribed procedures.

Historical Note

Former Section R7-2-402 repealed, new Section R7-2-402 adopted effective December 4, 1978 (Supp. 78-6). Amended by final rulemaking at 7 A.A.R. 1541, effective March 19, 2001 (Supp. 01-1). Amended by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4).

R7-2-403. Repealed

Historical Note

Adopted effective December 4, 1978 (Supp. 78-6). Amended as an emergency effective September 26, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-5). Former emergency adoption now adopted effective December 4, 1979 (Supp. 79-6). Section repealed by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4).

R7-2-404. Special Education Voucher Program Policies and Procedures

A. Institutional vouchers. Students residing and attending special education programs at the Arizona Schools for the Deaf and the Blind (ASDB) or the Arizona State Hospital (ASH) or students attending special education day programs provided by ASDB may be eligible for special education institutional voucher funding.

1. Eligibility criteria.

a. Student shall be between the ages of 3 and 22 years.

b. Student shall have a recognized disability as documented by a current educational evaluation. Evaluations shall be completed by the institution or the student's home school district (HSD), as determined by a multidisciplinary evaluation team (MET).

c. Student shall have a current individualized education program (IEP) identifying the placement as the most appropriate and least restrictive educational environment.

2. Institutional voucher application/approval.

a. Applications for special education institutional vouchers shall be completed by the institution and submitted to the Exceptional Student Services Division of the Department of Education. The institution shall provide all student information requested on the institutional voucher application.

b. Institutions shall sign a Statement of Assurance guaranteeing their maintenance of and ability to produce all supporting documentation for each application.

c. Institutional voucher applications shall be reviewed and approved or disapproved by the voucher unit manager. Applications that are disapproved may be corrected and resubmitted. Institutional voucher payments will not be made for student attendance prior to voucher approval date.

d. Voucher identification numbers shall be assigned for each new student approval, and shall be used by the institution to complete claims for payment and the special education census form.

e. Institutional vouchers are approved for the current year only; therefore the application process shall be repeated each school year for each student.

f. Institutions shall report any changes in student status, including withdrawals, transfers, current evaluation dates and changes in disability categories to the Exceptional Student Services Division of the Department of Education. Changes shall be submitted within ten days of the occurrence.

3. Institutional voucher claim for payment.

a. The special education institutional voucher claim for payment form shall be completed by the institution at the end of each calendar month. The claim shall be submitted in accordance with procedures established by the School Finance Division of the Department of Education.

b. Claims for payment shall be submitted to the School Finance Division of the Department of Education.

4. Special education census.

All institutional voucher students shall be reported on the special education census in accordance with procedures established by the School Finance Division of the Department of Education.

5. Review of placement.

a. It is the responsibility of the HSD to review student progress at least once a semester.

b. The IEP may be completed by the institution but is ultimately the responsibility of the student's HSD to ensure that it is reviewed and revised annually.

c. It is the responsibility of the HSD to ensure that re-evaluations are conducted on a tri-annual basis or more frequently as needed.

B. Residential vouchers: Students placed in private residential treatment facilities (PRF) may be eligible for residential voucher funding for the educational portion of the placement.

1. Eligibility Criteria.

a. Students shall be enrolled in and eligible for educational services from a Public Education Agency (PEA).

b. Placement shall be made by one of the State Placing Agencies. They are the Department of Economic Security (DES), the Department of Health Services (DHS), the Administrative Office of the Courts (AOC), or the Department of Juvenile Corrections (ADJC).

c. Residential facilities shall be licensed by the Department of Health Services or Department of Economic Security and approved by the Department of Education for the specific educational needs of each student placed there.

d. The following conditions invalidate eligibility.

i. Placement by any agency other than those noted in subsection (B)(1)(b).

ii. Placement in facilities not appropriately licensed by DHS or DES or approved by the Department of Education.

iii. Student attendance at a PEA while residing in a residential facility.

e. Eligible students are divided into three categories.

i. Non-special education (NSE): Students not eligible for special education services who are placed by a State Placing Agency for their care, safety, or treatment.

ii. Care special education (CSE): Students eligible for special education services who are placed by a State Placing Agency for their care, safety, or treatment.

iii. Residential special education (RSE): Students requiring residential placement to benefit from educational programming who are placed by an IEP team.

2. Voucher application/approval process. The process differs depending on category.

a. NSE and CSE options:

i. When a placement decision is reached, the State Placing Agency (SPA) shall complete a SPA Application for Voucher Funding, and forward a copy to the student's Home School District (HSD) for appropriate signatures within five days of placement.

ii. Upon placement, copies of the completed voucher shall be provided to the PRF and the Exceptional Student Services of the Department of Education (ESS).

iii. Upon receipt and review of the application and verification of facility approval, the SPA application will be approved for the initial 60 days of placement. An approval memo is sent to the PRF and the HSD. The Exceptional Student Services shall assign a student identification number to each approved voucher student. This number shall be used by the private facility when completing the special education census form and the claim for payment form.

iv. The HSD shall submit the HSD Application for Education Voucher Funding packet and submit it to the Exceptional Student Services of the Department of Education. Appropriate documentation of eligibility for special education and provision of services, if applicable, shall be included.

v. The HSD voucher application packet shall be reviewed and approved or disapproved by the voucher unit manager. Applications that are disapproved may be corrected and resubmitted. Approvals are granted from the date of receipt through the end of the school year. An approval memo is sent to the PRF and the HSD.

vi. If the HSD cannot complete the requirements for the HSD application packet within the initial 60-day approval period, they shall submit an Application For Extension Of Education Voucher Funding.

b. RSE option.

The HSD shall follow statutory requirements and procedures agreed upon by the ADE, DHS, and DES when considering placement in a PRF for educational reasons. If a need for such a placement is determined, the HSD shall complete and submit the HSD Application for Education Voucher Funding packet to the ESS. Documentation of the necessity for PRF placement, measurable exit criteria, and a reintegration plan shall be required.

3. Changes in placement/Discharge.

a. If a student is discharged or is absent without leave for more than ten days from the PRF, the facility shall notify the State Placing Agency, Home School District and the Exceptional Student Services Division of the Department of Education in writing within five days.

b. Students returning to a facility after a discharge or students transferred from one facility to another require a new SPA voucher application.

c. Students placed under the RSE option shall not be discharged without the consent of the IEP team.

4. Voucher claim for payment.

a. A special education voucher claim for payment shall be submitted in accordance with procedures established by the School Finance Division of the Department of Education.

b. Claim for payment shall be submitted to the School Finance Division of the Department of Education.

5. Special education census.

A special education census form shall be completed for all voucher students in accordance with procedures established by the School Finance Division of the Department of Education.

6. Review and continuation of placement.

a. The Home School District (HSD) shall regularly monitor the progress of students, ensure the annual review and revision of IEPs, and complete three-year re-evaluations as applicable.

b. Voucher approval is for one school year only. Students remaining in an PRF from the end of one school year to the beginning of the next year require new voucher applications. Prior to the beginning of the new school year, the PRF shall submit an Application for Continuing Voucher funding, signed by both the SPA and the HSD. For a student who is eligible for special education services, a current IEP shall accompany the continuing application if the IEP has been reviewed or revised after the original voucher was approved.

Historical Note

Adopted effective December 4, 1978 (Supp. 78-6). Amended by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4).

Editor's Note: The following Section was erroneously published in Supp. 04-2 with amendments that were not approved by the Attorney General's Office. It is republished with the text in effect before Supp. 04-2. The correct notice was published at 10 A.A.R. 3274 (Supp. 04-3).

R7-2-405. Due Process Standards Relating to Special Education

A. Definitions. The following definitions are applicable to this rule:

1. "Impartial hearing officer" or "hearing officer" means a person or tribunal assigned to preside at a due process hearing whose duty it is to assure that proper procedures are followed and that rights of the parties are protected.

2. "Parent" has the meaning found in A.R.S. Title 15, Chapter 7, Article 4, and includes a surrogate parent. Appointment of a surrogate parent shall be made only by a court of competent jurisdiction.

3. "Public agency" means the school district, charter school, or state or county agency responsible for providing educational service to a child.

4. "State Education Agency" ("SEA") means the Department of Education, Exceptional Student Services Section.

B. The due process procedures specified in this rule apply to all public agencies dealing with the identification, evaluation, special education placement of, and the provision of a free appropriate public education ("FAPE") for children with disabilities.

C. The SEA shall establish procedures concerning:

1. Impartial due process hearings; and

2. Confidentiality and access to student records.

D. An impartial hearing officer shall be:

1. Unbiased - not prejudiced for or against any party in the hearing;

2. Disinterested - not having any personal or professional interest that would conflict with objectivity in the hearing;

3. Independent - may not be an officer, employee, or agent of a public agency involved in the education or care of the child or the SEA. A person who otherwise qualifies to conduct a hearing is not an employee of the public agency or the SEA solely because the person is paid by the public agency to serve as a hearing officer;

4. Trained and evaluated by the SEA as to the state and federal laws pertaining to the identification, evaluation, placement of, and the provision of FAPE for children with disabilities.

E. Hearing officer qualifications and training.

1. All hearing officers shall participate in all required training and evaluation conducted by the SEA as to the state and federal laws pertaining to the identification, evaluation, placement of, and the provision of FAPE for children with disabilities.

2. All hearing officers shall demonstrate competency by achieving a minimum score of 80% on a criterion-referenced test selected by the SEA.

3. A hearing officer shall be an attorney licensed to practice law in the United States, or an attorney on inactive status whose withdrawal from active practice is not premised upon adverse disciplinary action from any state or federal bar association. A hearing officer shall not have represented a parent in a special education matter during the preceding calendar year and shall not have represented a school district in any matter during the preceding calendar year.

4. An individual shall be removed from the list of eligible hearing officers if, at any time, the individual no longer meets the requirements specified in subsections (D)(1) through (4) and subsections (E)(1) through (3).

F. Selection of hearing officers.

1. The SEA shall prepare and maintain a list of individuals who meet the qualifications specified in subsection (E) to serve as hearing officers.

2. Three hearing officers shall be selected randomly by the SEA and shall be screened to determine availability and possible bias. Once the SEA has selected three hearing officers who are available and show no evidence of bias, the three names shall be provided to the public agency and the parent. The public agency and the parent will each have the opportunity to strike one name from the list provided. The remaining individual shall be named as the hearing officer unless either party objects for cause and provides such reason in writing to the SEA. Objections for cause shall require specific evidence that the individual does not meet the criteria specified in subsections (D) and (E)(1) through (3). The SEA shall review the evidence submitted and determine the qualifications of the individual. If the SEA determines that the individual is not qualified to serve as the hearing officer, the SEA shall repeat the process and select three additional hearing officers to be provided to the parties.

G. A parent shall submit a written request for a due process hearing to the public agency. The SEA shall provide a model form that a parent may use in requesting a due process hearing. Upon receipt of a written request, there shall be no change in the educational placement of the child until the hearing officer renders a decision, unless the public agency and parent agree. If a parent requests a due process hearing, the public agency shall advise the parents of any free or low-cost legal services available. All correspondence to the parent shall be provided in English and the primary language of the home. If the written request involves an application for initial admission, the child, with the consent of the parent, shall be placed in a program for which the child is eligible until the completion of all proceedings.

H. An impartial due process hearing shall be conducted in accordance with the following procedures:

1. The hearing officer shall hold a preconference meeting to ensure that all matters are clearly defined, to establish the proceedings that will be used for the hearing, and to set the time and dates for the hearing.

2. The hearing officer shall preside at the hearing and shall conduct the proceedings in a fair and impartial manner to the end that all parties involved have an opportunity to:

a. Present their evidence and confront, cross-examine, and compel the attendance of witnesses;

b. Object to the introduction of any evidence at the hearing that has not been disclosed to all parties at least five business days before the hearing;

c. Produce outside expert witnesses;

d. Be represented by legal counsel or by individuals with special knowledge or training with respect to the problems of children with disabilities.

3. The parent involved in the hearing shall be given the right to:

a. Have the child who is the subject of the hearing present;

b. Have the hearing conducted in public;

c. Have an interpreter provided by the public agency.

4. The hearing officer shall review all relevant facts concerning the identification, evaluation, the educational placement, and the provision of FAPE. This shall include any Independent Education Evaluation secured by the parent.

a. The hearing officer shall determine whether the public agency has met all requirements of federal and state law, rules, and regulations.

b. The hearing officer shall render findings of fact and a decision, which shall be binding on all parties unless appealed pursuant to this rule, as to whether:

i. The evaluation procedures utilized in determining the child's needs have been appropriate in nature and degree;

ii. The diagnostic profile of the child on which the placement was based is substantially verified;

iii. The child's rights have been fully observed;

iv. The placement has been determined to be appropriate to the needs of the child;

v. The placement of the child in the special education program is with the written consent of the parent.

5. The hearing officer's findings of fact and decision shall be in writing and shall be provided to the parent, the public agency, the SEA, and their respective representatives. The parent may choose to receive an electronic verbatim record of the hearing and electronic findings of fact and decision relative to the hearing in addition to the written findings of fact and decision. The hearing officer's findings of fact and decision shall be delivered by certified mail or by hand within 45 calendar days after the receipt of the request for the hearing. The notification of the hearing officer's decision shall include a statement that either party may appeal the decision to the Office of Administrative Hearings and that such appeal must be filed within 35 calendar days after receipt of the decision.

6. The SEA, after deleting any personally identifiable information, shall make such written findings of fact and decision available to the public.

I. Expedited hearing.

1. An expedited hearing may be requested concerning long-term suspension or expulsion:

a. By the parent if the parent disagrees with the determination that the child's behavior was not a manifestation of the child's disability; or

b. By the parent if the parent disagrees with any decision regarding placement; or

c. By the public agency if the public agency maintains that it is dangerous for the child to be in the current placement during the pendency of the due process proceedings.

2. Hearing officers for an expedited hearing shall be assigned by the SEA after review to determine that the hearing officer meets the standards specified in subsections (D)(1) through (4). The strike provisions specified in subsection (F) are not applicable.

3. The expedited hearing shall be conducted and the findings of fact and decision shall be issued within 10 calendar days.

J. Administrative appeal.

1. A final administrative appeal may be obtained through the Office of Administrative Hearings. Requests for appeal shall be submitted in writing through the SEA.

a. Such an appeal shall be accepted only if it is initiated within 35 days after the decision of the hearing officer has been received by the party appealing.

b. The official conducting the review shall:

i. Examine the entire hearing record;

ii. Ensure that the procedures at the hearing were consistent with the requirements of due process;

iii. Seek additional evidence if necessary;

iv. Afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official;

v. Make findings of fact and a decision on completion of the review;

vi. Give a copy of the written findings of fact and the decision to the parties.

2. The findings of fact and decision of the administrative law judge shall be delivered by certified mail or by hand to all parties within 30 calendar days of the receipt of the request for appeal. The SEA, after deleting any personally identifiable information, shall make such written findings of fact and decision available to the public.

3. The findings of fact and decision of the administrative law judge shall be final at the administrative level. The notification of the findings of fact and decision shall contain notice to the parties that they have a right to judicial review.

Historical Note

Adopted effective December 4, 1978 (Supp. 78-6). Amended subsection (V) effective May 1, 1987 (Supp. 87-2). Amended effective July 20, 1990 (Supp. 90-3). Emergency amendment adopted effective November 21, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-4). Emergency expired. Emergency amendment readopted effective March 21, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-1). Amended effective May 2, 1991 (Supp. 91-2). Amended effective November 17, 1994 (Supp. 94-4). Amended effective December 6, 1995 (Supp. 95-4). Amended by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4). Amended by final rulemaking at 10 A.A.R. 2399, effective July 23, 2004 (Supp. 04-2). Supp. 04-2 Historical Note entry is in error. R7-2-405 was erroneously included in Supp. 04-2 with amendments that were not approved by the Attorney General's Office. It is republished with the text in effect before Supp. 04-2. The correct notice was published at 10 A.A.R. 3274 (Supp. 04-3).

R7-2-406. Gifted Education Programs and Services

A. Governing boards shall adopt policies for the education of gifted students which shall include:

1. Procedures for identification and placement of students to be placed in gifted programs.

a. Students shall be served who score at or above the 97th percentile on national norms in any one of three areas - verbal, nonverbal, or quantitative reasoning - on any test from the State Board-approved list. Students who score below the 97th percentile also may be served.

b. Local educational agencies (LEAs) shall accept, as valid for placement, scores at or above the 97th percentile on any State Board-approved test submitted by other LEAs or by qualified professionals.

c. LEAs shall place transfer students as soon as they have verified eligibility.

2. Curriculum, differentiated instruction, and supplemental services for gifted students.

a. Expanded academic course offerings may include, for example, one or more of the following: acceleration, enrichment, flexible pacing, interdisciplinary curriculum, and seminars.

b. Differentiated instruction, which emphasizes the development of higher order thinking, may include critical thinking, creative thinking, and problem solving skills.

c. Supplemental services, which may be offered to meet the individual needs of each gifted student, may include, for example, guidance and counseling, mentorships, independent study, correspondence courses, and concurrent enrollment.

3. Parent involvement.

a. Each LEA shall provide the following information to all parents or legal guardians:

i. Definition of a gifted child;

ii. Services mandated for gifted students by the state of Arizona;

iii. Services available from the LEA:

iv. Written criteria of the LEA for referral, screening, selection and placement.

b. Each LEA shall develop policies and procedures which ensure that parents or legal guardians are:

i. Given the opportunity to have their children tested;

ii. Given advance notice of the week that their children are to be tested;

iii. Given the opportunity to withhold permission for testing;

c. Each LEA shall:

i. Make testing available for students K-12 on a periodic basis but not less than three times per year;

ii. Inform parents or legal guardians of the results of the district-administered test within 30 school days of determining the test results;

iii. Upon request, explain test results to parents or legal guardians.

4. The scope and sequence shall be a written program description which demonstrates articulation across all grades and schools to ensure opportunities for continuous progress and shall include:

a. Statement of purpose;

b. General population description;

c. Identification process and placement criteria including provisions for special populations;

d. Goals and objectives;

e. Curriculum, differentiated instruction, and supplemental services;

f. Program models;

g. Time allocations for services;

h. Procedures and criteria for evaluation of student and program outcomes.

B. The Arizona Department of Education shall develop and make available model policies for the development, implementation, and evaluation of services for gifted students.

Historical Note

Adopted effective December 12, 1990 (Supp. 90-4)

R7-2-407. Special Education Standards and Assistance for Providing Educational Services and Materials for Visually Impaired Students

A. All requirements in this Section are in addition to the general special education standards in R7-2-401 for public education agencies providing special education.

B. For the purposes of this rule, the following definitions apply:

1. "Accessible Electronic File" means, until the effective date of a nationally adopted file format, a digital file in a mutually agreed upon electronic file format that has been prepared using a markup language that maintains the structural integrity of the information and can be processed by Braille conversion software. Upon the effective date of a nationally adopted file format, such as the Instructional Materials Accessibility Standard (IMAS), "Accessible Electronic File" shall mean an electronic file conforming to the specifications of the nationally adopted file format, including future technical revisions and versions of this nationally adopted file format.

2. "Individualized Braille literacy assessment" means the Learning Media Assessment or other standardized or individualized assessments that pertain to the child's reading medium.

3. "Non-printed instructional materials" means non-printed textbooks and related core materials, including those that require the availability of electronic equipment in order to be used as a learning resource, that are written and published primarily for use in elementary school and secondary school instruction and are required by a state educational agency or a local educational agency for use by pupils in the classroom. These materials shall be available to the extent technologically available, and may include software programs, CD-ROMs and internet-based materials.

4. "Printed instructional materials" means textbooks and related printed core materials, that are written and published primarily for use in elementary school and secondary school instruction and are required by a state educational agency or a local educational agency for use by pupils in the classroom. This may include workbooks, practice tests, and tests.

5. "Publisher" means an individual, firm, partnership or corporation that publishes or manufactures printed instructional materials for students attending public schools in Arizona, including an on-line service, a software developer, or a distributor of an electronic textbook.

6. "Specialized format" means Braille, audio or digital text which is exclusively for use by blind or other persons with disabilities.

7. "Structural integrity" means the structure of all parts of the printed instructional material will be kept intact to the extent feasible and as mutually agreed upon by the publisher and the local educational agency. This may include appropriate representation of graphic illustrations.

C. Upon determination of a student having a visual impairment as assessed by a full and initial evaluation defined in R7-2-401(E)(6)(i), a visually impaired student who is determined to be blind as defined by A.R.S. § 15-214(B) shall receive an individualized Braille literacy assessment.

D. Individualized Education Programs (IEP) for blind students. In addition to the requirements for establishing and implementing an IEP consistent with R7-2-401(F) for a student determined to have a disability, each IEP for a student determined to be "blind" as assessed by R7-2-401(E)(6)(i) and defined by A.R.S. § 15-214(B), shall presume that proficiency in Braille is essential in achieving academic success unless otherwise determined by the IEP team established consistent with the regulations for the most recent reauthorization of the Individuals with Disabilities Education Act (IDEA) and in the manner provided by the most recent reauthorization of the IDEA Act for developing an IEP. An IEP developed under this Section for a student determined to be blind shall include all required provisions of A.R.S. § 15-214(A)(3), including the following:

1. The results of the individualized Braille literacy assessment.

2. The date on which Braille instruction will begin, the methods to be used and the frequency and duration of the Braille instruction.

3. The level of competency expected to be achieved within specified time-frames and the objective measures to be used for evaluation.

4. The Braille materials and equipment necessary to achieve the stated expected competency gains, including ordering instructional materials to achieve the IEP-stated goals.

5. The rationale for not providing Braille instruction if Braille is not determined to be an appropriate medium by the IEP team and is not included in the IEP.

E. The Arizona Department of Education shall designate a central repository for publishers to, upon request, provide accessible electronic files for instructional materials used by public schools in Arizona as defined in subsection (B)(1). The central repository shall be responsible for maintaining a complete list of available accessible electronic files for instructional materials and instructional materials in specialized formats, processing requests from PEAs for instructional materials in specialized formats and providing access to these materials in specialized formats to schools throughout Arizona that are providing services to blind or other students with disabilities.

1. Upon receipt of a written request certifying to the requirements set forth in subsections (E)(1)(a) through (c) publishers shall deliver to the repository, at no additional cost and consistent with the time-frame for providing materials for students without disabilities, accessible electronic files for printed instructional materials and non-printed instructional materials. Certification shall include all of the following:

a. The PEA purchased a copy of the printed instructional material or non-printed instructional material for use by a student who is blind or has a visual impairment in a course that the student is attending or registered to attend;

b. The student who will utilize the instructional materials in a specialized format has an IEP stating that such materials and/or equipment are necessary for the student to achieve stated expected competency gains; and

c. The instructional materials are for use by the student in connection with a course in which he or she is enrolled, as verified by the person overseeing the education of students who are blind or visually impaired.

2. A PEA may access the materials maintained by the central repository, upon written request, for instructional use with a student with a visual impairment, as identified by R7-2-401(E)(6)(i), who requires the use of instructional materials in a specialized format pursuant to the student's IEP.

3. Nothing in this Section shall be construed to prohibit the central repository from assisting a student with a disability by using the electronic format version of instructional material provided pursuant to this Section solely to transcribe or arrange for the transcription of the printed instructional material into Braille or large print. In the event a Braille transcription is made, the central repository has the right to share the Braille copy of the printed instructional material with other eligible students with disabilities. The PEA will be required to return the specialized format version of the instructional material to the central repository when the student no longer needs the instructional material. The central repository may share the copies of the specialized format of the instructional material with other PEAs who have met the requirements of subsections (B) and (D) of this Section to provide services to students who require such services pursuant to R7-2-401(F)(5).

Historical Note

New Section made by final rulemaking at 10 A.A.R. 2399, effective July 23, 2004 (Supp. 04-2).

R7-2-408. Extended School Year Programs for Children with Disabilities

A. "Extended school year" (ESY) shall be as defined in A.R.S. § 15-881.

B. Eligibility. Eligibility shall be determined by the Individualized Education Program (IEP) Team. Criteria for determining eligibility in an extended school year program shall be as defined in A.R.S. § 15-881.

C. For a student with a disability currently enrolled in special education, eligibility for ESY services shall be determined no later than 45 calendar days prior to the last day of the school year.

D. The availability of an extended school year program is required for all students for whom the IEP team has determined that it is necessary in order to ensure a free appropriate public education. Student participation in an ESY program is not compulsory. ESY services are not required for all students with a disability.

E. Factors that are inappropriate for consideration. Eligibility for participation shall not be based on need or desire for any of the following:

1. A day care or respite care service for students with a disability;

2. A program to maximize the academic potential of a student with a disability; and

3. A summer recreation program for students with a disability.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4).

ARTICLE 5. CAREER AND VOCATIONAL EDUCATION

R7-2-501. Repealed

Historical Note

Not in original publication, correction, Section R7-2-501. Adopted effective July 2, 1974. Amended effective November 8, 1974. Amended effective August 11, 1975 (Supp. 75-1). Former Section R7-2-501 repealed, new Section R7-2-501 adopted effective December 4, 1978 (Supp. 78-6). Repealed effective February 20, 1997 (Supp. 97-1).

R7-2-502. Vocational education provisions and standards

All eligible recipients receiving federal or state monies or services in support of vocational and technical education programs, courses, or classes shall comply with the applicable provisions and standards of the following plans, which are filed with the Secretary of State, which plans are incorporated herein by reference.

1. 1986-1988 Arizona State Plan for Vocational Education for Federal Funding as required by A.R.S. § 15-784; and

2. Arizona State Plan for Vocational Education for State Funding approved April 22, 1985, as required by A.R.S. § 15-787(C).

Historical Note

Adopted (FY 76) effective July 14, 1975 (Supp. 75-1). Adopted (FY 77) effective June 25, 1976 (Supp. 76-3). Former Section R7-2-502 repealed, new Section R7-2-502 adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-502 repealed, new Section R7-2-502 adopted effective March 13, 1986 (Supp. 86-2).

R7-2-503. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-504. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-505. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-506. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-507. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-508. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-509. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-510. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-511. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-512. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-513. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-514. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-515. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-516. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-517. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-518. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-519. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

R7-2-520. Repealed

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6).

ARTICLE 6. CERTIFICATION

R7-2-601. Definitions

In this Article, the following definitions apply unless the context otherwise requires:

1. "Accredited institution" means one which is listed as accredited in the current American Association of Collegiate Registrars and Admissions Officers Report. An institution based outside the United States shall be considered accredited if an approved foreign document evaluation firm declares it to be comparable to an accredited American institution.

2. "Board" means the State Board of Education.

3. "Department" means the Arizona Department of Education.

4. "Paraeducator" means an individual trained to perform certain specialized tasks in the occupation of education.

5. "Paratherapist" means an individual trained to perform certain specialized tasks in the occupation of habilitation.

6. "Practicum" means a period of structured observation and practice of the skills being learned, supervised by an individual trained in that area. The commonly used terms "student teaching," "internship," "residency," or "observation course" are included in this definition.

7. "Professional development" means training to increase skills related to the occupation of education.

8. "Teaching experience" means full-time employment which included full responsibility for the planning and delivery of instruction and evaluation of student learning.

Historical Note

Former Section R7-2-601 repealed, new Section R7-2-601 adopted effective December 4, 1978 (Supp. 78-6). Amended subsection (C) effective May 31, 1983 (Supp. 83-3). Amended subsection (I) effective September 12, 1989 (Supp. 89-3). Amended effective August 14, 1991 (Supp. 91-3). Amended effective July 30, 1992 (Supp. 92-3). Section repealed, new Section adopted effective March 10, 1994 (Supp. 94-1). Amended effective July 25, 1994 (Supp. 94-3). Amended effective September 20, 1996 (Supp. 96-3). Amended effective March 6, 1997 (Supp. 97-1). Typographical error corrected in subsection (A) (Supp. 97-3). Section repealed; new Section adopted effective December 3, 1998 (Supp. 98-4).

R7-2-602. Professional Teaching Standards

A. The standards presented in this Section shall be the basis for approved teacher preparation programs, described in R7-2-604, and the Arizona Teacher Proficiency Assessment, described in R7-2-606.

B. Standard 1: The teacher designs and plans instruction that develops students' abilities to meet Arizona's academic standards and the district's assessment plan. The performance assessment shall measure the extent to which the teacher's planning:

1. Focuses instruction on Arizona's academic standards;

2. Focuses instruction on the school and district's academic standards;

3. Aligns curriculum with the student assessments;

4. Addresses any physical, mental, social, cultural, and community differences among learners;

5. Addresses prior knowledge of individual and group performance;

6. Indicates short and long-term curriculum goals;

7. Includes appropriate use of a variety of methods, materials, and resources;

8. Includes learning experiences that are developmentally appropriate for learners;

9. Includes learning experiences that address a variety of cognitive levels;

10. Includes learning experiences that are appropriate for curriculum goals;

11. Includes learning experiences that are based upon principles of effective instruction;

12. Includes learning experiences that accurately represent content; and

13. Incorporates appropriate assessment of student progress.

C. Standard 2: The teacher creates and maintains a learning climate that supports the development of students' abilities to meet Arizona's academic standards. The performance assessment shall measure the extent to which the teacher:

1. Establishes and maintains standards of mutual respect;

2. Displays effective classroom management;

3. Encourages the student to demonstrate self-discipline and responsibility to self and others;

4. Respects the individual differences among learners;

5. Facilitates people working productively and cooperatively with each other;

6. Provides a motivating learning environment;

7. Promotes appropriate classroom participation;

8. Listens thoughtfully and responsively;

9. Organizes materials, equipment, and other resources appropriately; and

10. Applies to daily practice the ethics of the profession.

D. Standard 3: The teacher implements and manages instruction that develops students' abilities to meet Arizona's academic standards. The performance assessment shall measure the extent to which the teacher:

1. Appropriately implements a teacher-designed lesson plan;

2. Communicates to students specific standards and high expectations for learning;

3. Links learning with students' prior knowledge, experiences, and background;

4. Models the skills, concepts, attributes, or thinking processes to be learned;

5. Demonstrates effective written and oral communication;

6. Uses appropriate language to communicate with learners clearly and accurately;

7. Uses strategies that are appropriate to students' developmental levels;

8. Incorporates strategies which address the diverse needs of learners, and demonstrate multicultural sensitivity;

9. Encourages critical thinking;

10. Connects lesson content to real life situations when appropriate;

11. Uses technology and a variety of instructional resources appropriately;

12. Uses a variety of effective teaching strategies to engage students actively in learning;

13. Maximizes the amount of class time students are engaged in learning which result in a high level of success for students;

14. Provides opportunities for students to use and practice what is learned; and

15. Adjusts instruction based on feedback from students.

E. Standard 4: The teacher assesses learning and communicates results to students, parents and other professionals with respect to students' abilities to meet Arizona's academic standards. The performance assessment shall measure the extent to which the teacher:

1. Promotes student self-assessment;

2. Uses a variety of appropriate formal and informal assessments aligned with instruction;

3. Maintains records of student work and performance and uses them to guide instructional decisions;

4. Offers students and parents appropriate feedback on progress toward learning expectations;

5. Maintains privacy of student records and performance.

F. Standard 5: The teacher collaborates with colleagues, parents, the community and other agencies to design, implement, and support learning programs that develop students' abilities to meet Arizona's academic standards and to transition from school to work or post-secondary education. The performance assessment shall measure the extent to which the teacher:

1. Works with parents to enhance student learning at home and school;

2. Collaborates with other professionals and agencies to improve the overall learning environment for students;

3. Accesses community resources and services to foster student learning;

4. Demonstrates productive leadership and team membership skills that facilitate the development of mutually beneficial goals; and

5. Collaborates with colleagues to achieve school and district goals.

G. Standard 6: The teacher reviews and evaluates his or her overall performance and implements a professional development plan. The performance assessment shall measure the extent to which the teacher:

1. Reviews his or her practices and evaluates the influences of those practices on student growth and learning;

2. Designs and continually adapts a professional development plan for improving instruction and student learning;

3. Engages in activities that implement the professional development plan;

4. Uses employer's documentation of his or her performance to develop a professional development plan; and

5. Pursues professional activities to support development as a learner and a teacher.

H. Standard 7: The teacher has general academic knowledge as demonstrated by the attainment of a bachelor's degree. The teacher also has specific academic knowledge in his or her subject area or areas sufficient to develop student knowledge and performance to meet Arizona academic standards. The subject knowledge assessment shall measure the extent to which the teacher has knowledge of:

1. Skills and concepts related to the subject areas;

a. At the elementary level, the teacher demonstrates knowledge of language arts and reading, math, science, social studies, and fine arts.

b. At the secondary level, the teacher demonstrates knowledge of the subject area or areas he or she is being certified to teach.

2. Major facts and assumptions that are central to the discipline;

3. Debates and the processes of inquiry that are central to the discipline;

4. Integration of disciplinary knowledge with other subject areas; and

5. Connections between knowledge of the subject areas and real life situations at the level of the students being taught.

I. Standard 8: The teacher demonstrates current professional knowledge sufficient to effectively design and plan instruction, implement and manage instruction, create and maintain an appropriate learning environment, and assess student learning. The professional knowledge assessment shall measure the extent to which the teacher has knowledge of:

1. A variety of methods for teaching language arts and reading, math, science, social studies, and fine arts at the elementary level or a variety of methods for teaching reading and the subject area or areas in which the teacher is seeking certification at the secondary level;

2. Interdisciplinary learning experiences that integrate knowledge, skills, and methods of inquiry from several subject areas;

3. Principles and techniques associated with various instructional strategies;

4. Learning theories, subject matter, curriculum development, and student development and how to use this knowledge in planning instruction to meet curriculum goals;

5. Methods for recognizing and accommodating exceptional children;

6. Influences of individual development, experiences, talents, prior learning, language, culture, gender, family, and community on student learning;

7. Principles of human motivation and behavior and their implications for managing the classroom and organizing individual and group work;

8. Effective evaluation of curriculum materials and resources for accuracy, comprehensiveness, and usefulness for representing particular ideas and concepts;

9. The characteristics, uses, advantages, and limitations of different types of assessments for evaluating how students learn, determining what they know and are able to do, and identifying what experiences will support their further growth and development;

10. Measurement theory, interpretation of test results, and assessment-related issues, such as validity, reliability, bias, and scoring;

11. Services and resources to meet the needs of exceptional children and how to access the services and resources;

12. Schools as organizations within the larger community context and the operations of the relevant aspects of the educational system; and

13. Laws and ethics related to student, parent, and teacher rights and responsibilities.

J. Standard 9: In collaboration with other professionals and parents, the special education teacher participates in the design, implementation, and assessment of individualized education programs. The performance assessment shall measure the extent to which the special education teacher:

1. Demonstrates knowledge of disabilities and their educational implications;

2. Demonstrates knowledge of state and federal special education laws, rules and regulations;

3. Demonstrates knowledge of and the ability to use a variety of assistive devices that support student learning;

4. Applies specialized diagnostic and assessment procedures to assist in determining special education eligibility for all areas of suspected disability;

5. Assists in the design and implementation of individualized education programs through diagnostic teaching, instructional adaptations, and individual behavior management techniques; and

6. Utilizes paraeducators and paratherapists effectively through training and supervision.

Historical Note

Former Section R7-2-602 repealed, new Section R7-2-602 adopted effective December 4, 1978 (Supp. 78-6). Amended by adding a new subsection (B) effective August 29, 1988 (Supp. 88-3). Amended effective December 15, 1989 (Supp. 89-4). Amended effective July 10, 1992 (Supp. 92-3). Amended effective March 6, 1997 (Supp. 97-1). Section repealed; new Section adopted effective December 3, 1998 (Supp. 98-4).

R7-2-603. Professional Administrative Standards

A. The standards presented in this Section shall be the basis for approved administrative preparation programs, described in R7-2-604. The Arizona Administrator Proficiency Assessment shall assess proficiency in the standards as a requirement for certification of supervisors, principals, and superintendents, as set forth in R7-2-614.

B. Standard 1: The administrator facilitates the development, articulation, implementation, and management of an organization's mission. The performance assessment shall measure the extent to which the administrator:

1. Develops a mission statement for the organization;

2. Promotes support for and fulfillment of the organization's mission;

3. Provides purpose and direction for individuals and groups within the organization;

4. Demonstrates a knowledge of educational issues and how they affect students, schools, and the community;

5. Facilitates the development of strategic action plans, and goals in cooperation with the community;

6. Sets priorities in the context of community, student, faculty and staff needs;

7. Serves as an articulate spokesperson for the welfare of all students in a diverse community;

8. Describes the role of education in a democratic society within an historical context;

9. Uses documentation of his or her performance to design and continually update a professional development plan; and

10. Develops, implements, and monitors changes to the organization's mission to improve student achievement.

C. Standard 2: The administrator facilitates the success of all students by understanding, responding to, and influencing the social, cultural, and legal aspects of the community. The performance assessment shall measure the extent to which the administrator:

1. Develops procedures for defining mutual expectations;

2. Develops working relationships and strategies for formulating and implementing organizational policy and funding practices;

3. Adjusts local policy to state and federal requirements;

4. Develops procedures to recognize potential civil and criminal liabilities;

5. Develops procedures to provide for equal educational opportunities in educational programs;

6. Promotes the importance of understanding and appreciating the diversity in the community;

7. Applies strategies for addressing international issues affecting teaching and learning; and

8. Works effectively with policy makers.

D. Standard 3: The administrator implements positive and proactive communication strategies for effective parent and community involvement to improve the learning environment for all students. The performance assessment shall measure the extent to which the administrator:

1. Articulates organizational purpose and priorities to the community and news media;

2. Requests and responds to community feedback;

3. Demonstrates consensus building and conflict mediation;

4. Formulates and implements plans for internal and external communications;

5. Uses communications skills to strengthen community support;

6. Develops support for organizational priorities; and

7. Responds appropriately to the electronic and printed news media.

E. Standard 4: The administrator effectively manages services, programs, operations, and resources. The performance assessment shall measure the extent to which the administrator:

1. Demonstrates a knowledge and uses a variety of theories and models of organizations and of the principles of organizational development;

2. Defines and uses effective processes for gathering, analyzing, and using data for decision making;

3. Identifies, frames, and solves problems;

4. Identifies priorities and formulates plans of action to meet internal and external expectations;

5. Demonstrates project and time management skills;

6. Establishes procedures to regulate activities and projects;

7. Delegates at appropriate organizational levels;

8. Secures, allocates and manages human and material resources;

9. Utilizes staff evaluation and staff development systems to improve the performance of staff members;

10. Applies adult motivation research to select appropriate models for supervision of the organization;

11. Demonstrates understanding of employee benefits and alternative employee benefits packages;

12. Identifies the potential legal issues affecting school personnel selection, development, supervision, retention, and dismissal;

13. Demonstrates knowledge of student services and programs for which students may be categorically eligible;

14. Evaluates and promotes improved organizational morale;

15. Demonstrates knowledge of social agencies and services available in the community;

16. Promotes a safe and effective learning environment; and

17. Applies to daily practice the ethical conduct of the profession.

F. Standard 5: The administrator advocates and supports curricular and instructional programs which promote the success of students. The performance assessment shall measure the extent to which the administrator:

1. Demonstrates knowledge of curriculum design;

2. Develops a strategic plan that enhances teaching and learning;

3. Plans curriculum which anticipates occupational trends and their educational implications;

4. Demonstrates understanding of instructional objectives using theories of cognitive development;

5. Demonstrates a knowledge of alignment and sequence of curriculum which promotes student achievement;

6. Demonstrates knowledge of valid and reliable performance indicators and testing procedures to measure student achievement;

7. Demonstrates knowledge of assessment strategies to help students achieve at high levels;

8. Utilizes current technologies which support management and instructional functions;

9. Exhibits knowledge of an instructional management system that includes research findings on learning, motivation, instructional strategies, instructional time, and resources to maximize student achievement;

10. Demonstrates knowledge of research findings on the use of a variety of instructional strategies that include multicultural sensitivity and various learning styles;

11. Implements programs to help students develop as caring and informed citizens; and

12. Describes and applies legal requirements affecting student supervision.

Historical Note

Former Section R7-2-603 repealed, new Section R7-2-603 adopted effective December 4, 1978 (Supp. 78-6). Amended effective July 21, 1980 (Supp. 80-4). Amended subsection (J) effective August 20, 1981 (Supp. 81-4). Amended subsections (D) and (E) effective April 10, 1984 (Supp. 84-2). Amended subsection (J)(8) and (9) effective October 10, 1984 (Supp. 84-5). Amended subsection (G) effective December 13, 1985. Amended subsection (J)(6), (7), (8) and (9) effective December 18, 1985 (Supp. 85-6). Editorial correction, amendment to subsections (D) and (E) shown effective April 10, 1984 should read Amended subsections (D) and (E) effective October 1, 1985. Amended by adding subsection (G)(9) and (10) effective January 31, 1986 (Supp. 86-1). Amended by adding subsection (R) effective April 24, 1986 (Supp. 86-2). Amended subsection (G), filed May 5, 1986, effective July 1, 1987 (Supp. 86-3). Amended by adding subsection (J)(10) and (11) effective July 2, 1986; amended by adding subsection (J)(12), (13) and (14), filed August 7, 1986, effective July 1, 1987 (Supp. 86-4). Amended subsection (H) effective September 16, 1987 (Supp. 87-3). Correction: subsection (G)(3), "Provisional" is corrected to read: "Principal" as certified effective December 3, 1985; amended subsection (B) effective July 13, 1988; amended subsection (J)(2) effective August 10, 1988; amended subsection (R)(2)(b) effective August 15, 1988 (Supp. 88-3). Amended effective August 9, 1989, and amended effective September 12, 1989 (Supp. 89-3). Amended effective December 15, 1989 (Supp. 89-4). Amended effective November 6, 1990; Amended effective December 12, 1990 (Supp. 90-4). Amended effective March 21, 1991 (Supp. 91-1). Amended effective May 2, 1991 (Supp. 91-2). Amended effective October 22, 1991 (Supp. 91-4). Section repealed, new Section adopted effective March 10, 1994 (Supp. 94-1). Amended effective December 19, 1996 (Supp. 96-4). Amended effective March 6, 1997 (Supp. 97-1). Typographical error corrected in subsection (J) (Supp. 97-4). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4).

R7-2-604. Professional Preparation Programs

A. The Board shall evaluate and may approve the professional preparation programs of institutions in Arizona which request Board approval.

B. Teacher preparation institutions may include, but are not limited to, universities and colleges, school districts, professional organizations, private businesses, charter schools, and regional training centers. At a minimum, the teacher preparation program shall include training in the standards described in R7-2-602 and a practicum which provides students in the program opportunities to observe and practice the standards under the supervision of certified teachers.

C. The administrative preparation program shall include training in the standards described in R7-2-603 and a practicum which provides students in the program opportunities to observe and practice the standards under the supervision of certified administrators.

D. Those institutions with Board approval shall provide, publicly, a statement of the type of approval the program has and for what period of time.

E. Board-approved programs shall provide their program graduates with an institutional recommendation form for issuance of the appropriate Arizona certification. Institutional recommendations shall be on a form provided by the Department.

F. Conditional approval may be granted for a two-year period based on evaluation of the program. Representatives of the Department or the Board may conduct a site visit as part of the evaluation. The factors to be considered during the evaluation of the program are:

1. The written description of the unit that is primarily responsible for the preparation of teachers and other professional education personnel. The following documentation is required:

a. A listing of all programs designed to lead to certification of education personnel;

b. A program summary that includes the number of students and graduates by program for the prior year and the projected number of students by program for the next year;

c. The unit's statement of mission, purpose, and goals;

d. A listing of all full-time faculty in each program and their qualifications;

e. A description of criteria and policy for employment of part-time and full-time faculty;

f. Number of full-time and part-time faculty in each program; and

g. A listing of any other programs related to education not designed to lead to certification.

2. For the dean, director, or chair who is officially designated to represent the unit and assigned the authority and responsibility for its overall administration and operation, the following documentation is required:

a. A job description; and

b. A chart depicting administrative and organizational structure of the unit.

3. The written policies and procedures for the operations of the unit.

4. The unit's procedures for admission to all programs leading to certification. The following documentation is required:

a. The criteria for admission;

b. A list of basic skills that are assessed and the measures used to assess them;

c. The plan for remediation of basic skills deficiencies in students admitted to the program; and

d. A summary report of assessment results for students admitted for the past three years.

5. The process by which the unit regularly monitors and evaluates its operation, its scope, the quality of its offerings, and effectiveness of its program. The following documentation is required:

a. The policies for conducting ongoing evaluations;

b. A summary of the findings of internal evaluations completed within the past three years;

c. A summary of the findings of external evaluations completed within the past three years, including follow-up studies of graduates; and

d. A summary of program modifications made as a result of internal and external evaluations.

6. The process by which the unit assesses the academic and professional competency of each student upon completion of the program. The following documentation is required:

a. A listing of assessments used to evaluate academic and professional competency of students; and

b. A summary report of competency assessment outcomes for the past three years.

7. The unit's curricula for teacher preparation, based on the professional standards described in R7-2-602 and the academic standards described in R7-2-301 and R7-2-302, and curricula for administrative preparation, based on the professional standards described in R7-2-603. The following documentation is required:

a. A listing of program requirements including the number of credit or clock hours required;

b. The course syllabus and objectives for each course with reference to the specific standards addressed; and

c. A description of the opportunities for observation and practice of the standards.

G. Full program approval may be granted by the Board for a two-year period based on the following conditions:

1. An assurance that the elements documented for conditional approval are substantially unchanged or that a description of all changes has been provided for evaluation. Representatives of the Department or the Board may conduct a site visit as part of the evaluation. The following documentation is required:

a. A description of any changes in the unit's structure, mission statement, purpose, goals, full-time faculty, admissions criteria and policies or procedures since the last Board approval;

b. A summary of the findings of internal evaluations completed within the past two years;

c. A summary of the findings of external evaluations completed within the past two years, which includes follow-up studies of graduates;

d. A summary of recent program modifications made as a result of internal and external evaluations within the last two years; and

e. If any changes to the standards have been adopted since the program's last Board approval, a description of changes to the curriculum.

2. That at least 75% of the program graduates from the prior two years successfully completed the professional knowledge portion of the Arizona Teacher Proficiency Assessment on their first attempt.

3. If at least 60%, but less than 75% of the program graduates successfully completed the professional knowledge portion of the Arizona Teacher Proficiency Assessment on their first attempt, conditional approval of the program may be extended for one year upon approval by the Board of an improvement plan.

4. When an applicant has attended more than one institution to complete a professional preparation program, performance on the proficiency assessment shall be attributed to the institution where a practicum was successfully completed.

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6). Adopted as an emergency effective October 1, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former emergency adoption amended as an emergency effective November 5, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days. Former emergency adoption effective November 5, 1980 amended and adopted effective December 30, 1980 (Supp. 80-6). Amended effective June 30, 1981 (Supp. 81-3). Amended subsection (G) effective November 16, 1982 (Supp. 82-6). Amended subsection (B) as an emergency effective August 2, 1984 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-4). Emergency expired. Former emergency amendment effective August 2, 1984 now adopted as a permanent amendment without change effective November 5, 1984 (Supp. 84-6). Amended effective August 9, 1989 (Supp. 89-3). Amended effective May 31, 1991 (Supp. 91-2). Amended effective July 10, 1992 (Supp. 92-3). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4).

R7-2-605. Duties of the Director of Certification

The Superintendent of Public Instruction or the Superintendent's designee shall be responsible for:

1. The issuance of the appropriate certificates based on the applicant's compliance with the statutes and rules; and

2. The approval of foreign transcript translation and evaluation agencies.

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6). New Section R7-2-605 adopted effective April 10, 1984 (Supp. 84-2). Editorial correction, new Section R7-2-605 shown adopted effective April 10, 1984 should read new Section R7-2-605 adopted effective October 1, 1985. Amended by adding a new subsection (B) effective December 18, 1985 (Supp. 85-6). Amended by adding subsection (C), filed May 5, 1986, effective July 1, 1987; amended by adding subsection (D) effective June 30, 1986 (Supp. 86-3). Correction to Historical Note dated June 30, 1986, second part should have read: "...amended by adding subsections (D), (E), (F), (G) and (H) effective June 30, 1986"; amended subsection (A) effective August 10, 1988 (Supp. 88-3). Amended effective September 12, 1989 (Supp. 89-3). Amended effective November 6, 1990; Amended effective December 12, 1990 (Supp. 90-4). Amended effective March 10, 1994 (Supp. 94-1). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4).

R7-2-606. Proficiency Assessments

A. The Arizona Teacher Proficiency Assessment is adopted as the proficiency assessment for applicants for teaching certificates. The Arizona Administrator Proficiency Assessment is adopted as the proficiency assessment for applicants for administrative certificates.

B. The subject knowledge portion of the Arizona Teacher Proficiency Assessment shall assess proficiency as described in R7-2-602(H) as a requirement for certification of elementary and secondary teachers and in R7-2-602(H) and R7-2-602(J) as a requirement for certification of special education teachers.

C. The professional knowledge portion of the Arizona Teacher Proficiency Assessment shall assess proficiency as described in R7-2-602(I) as a requirement for certification of elementary, secondary, special education, and vocational teachers.

D. The performance assessment portion of the Arizona Teacher Proficiency Assessment shall assess proficiency as described in R7-2-602(B), R7-2-602(C), R7-2-602(D), R7-2-602(E), R7-2-602(F), and R7-2-602(G) as a requirement for certification of elementary, secondary, and special education teachers. In lieu of a passing score on the performance portion of the Arizona Teacher Proficiency Assessment, a teacher who holds a provisional teaching certificate may convert such certificate within two months prior to its expiration to a standard elementary, secondary, or special education teaching certificate pursuant to R7-2-606(H) until the Board adopts the performance assessment portion of the Arizona Teacher Proficiency Assessment. The Board shall adopt the performance assessment portion of the Arizona Teacher Proficiency Assessment, or make a decision that a performance assessment will no longer be required as part of the Arizona Teacher Proficiency Assessment no later than June 30, 2005.

E. The Arizona Administrator Proficiency Assessment shall assess professional knowledge as described in R7-2-603 as a requirement for certification of administrators, supervisors, principals, and superintendents.

F. The passing score for each assessment shall be determined by the Board using the results of validity and reliability studies. The passing score for each assessment shall be reviewed by the Board at least every three years.

G. The proficiency assessments for professional knowledge and subject knowledge shall be administered at least six times each calendar year, at times and places determined by the Department.

H. The provisional elementary, secondary, or special education certificate allows the beginning teacher up to four semesters or two school years of teaching experience before completing the performance assessment portion of the Arizona Teacher Proficiency Assessment.

1. If the Board has adopted the performance assessment portion of the Arizona Teacher Proficiency Assessment but the teacher does not have full-time teaching experience for four semesters or two school years, the certificate shall, upon the written request of the holder, be extended once for the equivalent of the time the teacher was not employed during the provisional certification period.

2. If the Board has adopted the performance assessment portion of the Arizona Teacher Proficiency Assessment and the teacher has been employed for four semesters or two school years and has taken but not passed the performance assessment, the certificate shall be extended once, for one year, upon the written request of the holder.

3. If the teacher has been employed full-time for four semesters or two school years in a private school, public school, charter school, or parochial school in the United States or any Department of Defense dependent school or in a closely related education field and the Board has not yet adopted the performance portion of the Arizona Teacher Proficiency Assessment, the provisional certificate shall be converted within two months prior to its expiration to a standard teaching certificate upon verification by the teacher to the Department that he or she has had four semesters or two school years of teaching experience or experience in a closely related education field. "Closely related education field" means employment involving the presentation of instruction to K-12 students whether self-employed or employed by a private, parochial, public, or charter school.

4. If the teacher has not been employed full-time for four semesters or two school years in a private school, public school, charter school, or parochial school in the United States or any Department of Defense dependent school or in a closely related education field, and the Board has not yet adopted the performance assessment portion of the Arizona Teacher Proficiency Assessment, the provisional certificate shall be extended once for two years, upon written request of the holder to the Department. "Closely related education field" means employment involving the presentation of instruction to K-12 students whether self-employed or employed by a private, parochial, public, or charter school.

5. If the performance assessment portion of the Arizona Teacher Proficiency Assessment is adopted by the Board prior to the expiration of a teacher's provisional certificate, the provisional certificate shall be extended once for two years, upon written request of the holder to the Department, to allow the teacher additional time in which to take the performance portion of the assessment.

I. If the provisionally certified teacher has taken but not passed the performance assessment by the expiration date on the extended certificate pursuant to subsection (H)(1) or (H)(2) of this Section, the individual may reapply for a provisional certificate after one year, upon verification of the following:

1. Efforts to remediate deficiencies identified in the performance assessment;

2. Passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment; and

3. Completion of the requirements for the provisional certificate which are in effect at the time of reapplication.

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6). New Section adopted effective March 10, 1994 (Supp. 94-1). Amended effective March 6, 1997 (Supp. 97-1). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4). Section R7-2-606 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 2562, effective May 23, 2002 for a period of 180 days (Supp. 02-2). Emergency Section R7-2-606 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 3739, effective August 5, 2002 for a period of 180 days (Supp. 02-3). May 23, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 8 A.A.R. 5132, effective November 19, 2002 for a period of 180 days (Supp. 02-4). August 5, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 9 A.A.R. 522, effective January 31, 2003 for a period of 180 days (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2).

R7-2-607. General Certification Provisions

A. The evaluation to determine qualification for certification shall not begin until an institutional recommendation or application for certification and official transcripts, and the appropriate fees have been received by the Department. Course descriptions, verification of employment, and other documents may also be required for the evaluation.

B. The effective date of a new certificate shall be the date the evaluation is completed by the Department. The effective date of a renewed certificate shall be the date the evaluation for renewal is completed by the Department.

C. All one-year certificates shall expire one year from the date of issuance. All certificates issued for more than one year shall expire on the holder's birth date in the year of expiration.

D. If an applicant has not met all the requirements for the certificate or endorsement at the time of evaluation, the applicant shall have a maximum of two years to complete those requirements and request re-evaluation. One re-evaluation shall be provided at no additional fee within two years of the original evaluation.

E. Only those degrees awarded by an accredited institution shall be considered to satisfy the requirements for certification.

F. Professional preparation programs, courses, practica, and examinations required for certification shall be taken at an accredited institution or a Board-approved teacher preparation program.

G. Only those courses in which the applicant received a passing grade or credit shall be considered to satisfy the requirements for certification.

H. All certificates issued by the Board before the effective date of this Article are considered to have been issued in conformance with these rules.

I. The Board shall issue a comparable Arizona certificate, if one has been established by R7-2-608, R7-2-609, R7-2-610, or R7-2-611, and shall waive the requirements for passing the professional knowledge and performance portions of the Arizona Teacher Proficiency Assessment, to an applicant who holds current certification from the National Board for Professional Teaching Standards.

J. Teachers in grades 7 through 12 whose primary assignment is in an academic subject required pursuant to R7-2-302 shall demonstrate proficiency by passing the appropriate subject area portion of the Arizona Teacher Proficiency Assessment. The subject areas of demonstrated proficiency shall be specified on the certificate. If a proficiency assessment is not offered in a subject area, an approved area shall consist of a minimum of 24 semester hours of courses in the subject.

K. Teachers of homebound students shall hold the same certificate that is required of a classroom teacher.

L. Class 1 and Class 2 fingerprint clearance cards shall be issued by the Arizona Department of Public Safety.

Historical Note

Adopted effective December 5, 1977 (Supp. 77-6). Repealed effective December 4, 1978 (Supp. 78-6). New Section adopted effective May 3, 1993 (Supp. 93-2). Amended effective March 6, 1997 (Supp. 97-1). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1).

R7-2-608. Elementary Teaching Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-617.

B. Provisional Elementary Certificate -- grades K-8

1. The certificate is valid for two years and is not renewable but may be extended as set forth in R7-2-606(H) or (I).

2. The requirements are:

a. A Bachelor's degree;

b. One of the following:

i. Completion of a teacher preparation program in elementary education from an accredited institution or a Board-approved teacher preparation program, described in R7-2-604; or

ii. Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including at least eight semester hours of practicum in grades K-8. Two years of verified teaching experience in grades Prekindergarten-8 may be substituted for the eight semester hours of practicum; or

iii. A valid elementary certificate from another state.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the elementary education subject knowledge portion of the Arizona Teacher Proficiency Assessment; and

e. A valid Class 1 or Class 2 fingerprint card.

C. Standard Elementary Certificate -- grades K-8

1. The certificate is valid for six years.

2. The requirements are:

a. Qualification for the provisional elementary certificate;

b. A passing score on the performance portion of the Arizona Teacher Proficiency Assessment;

c. A valid Class 1 or Class 2 fingerprint clearance card; and

d. Forty-five hours or three semester hours of instruction in research-based systematic phonics. An accredited institution or other provider may provide this instruction.

Historical Note

Adopted effective May 20, 1994 (Supp. 94-2). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Section R7-2-608 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 2562, effective May 23, 2002 for a period of 180 days (Supp. 02-2). May 23, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 8 A.A.R. 5132, effective November 19, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2).

R7-2-609. Secondary Teaching Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-617.

B. Provisional Secondary Certificate -- grades 7-12

1. The certificate is valid for two years and is not renewable but may be extended as set forth in R7-2-606(H) or (I).

2. The requirements are:

a. A Bachelor's degree;

b. One of the following:

i. Completion of a teacher preparation program in secondary education from an accredited institution or a Board-approved teacher preparation program, described in R7-2-604; or

ii. Thirty semester hours of education courses which teach the knowledge and skills described in R7-2-602, including at least eight semester hours of practicum in grades 7-12. Two years of verified teaching experience in grades 7-postsecondary may substitute for the eight semester hours of practicum; or

iii. A valid secondary certificate from another state.

c. A passing score on one or more subject knowledge portions of the Arizona Teacher Proficiency Assessment;

d. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment; and

e. A valid Class 1 or Class 2 fingerprint clearance card.

C. Standard Secondary Certificate -- grades 7-12

1. The certificate is valid for six years.

2. The requirements are:

a. Qualification for the provisional secondary certificate;

b. A passing score on the performance portion of the Arizona Teacher Proficiency Assessment; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

Historical Note

Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Section R7-2-609 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 2562, effective May 23, 2002 for a period of 180 days (Supp. 02-2). May 23, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 8 A.A.R. 5132, effective November 19, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2).

R7-2-610. Special Education Teaching Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-617.

B. Terms used in this Section are defined in A.R.S. § 15-761.

C. Provisional Cross-Categorical Special Education Certificate -- grades K-12.

1. The certificate is valid for two years and is not renewable but may be extended as set forth in R7-2-606(H) or (I).

2. The holder is qualified to teach students with mild to moderate mental retardation, emotional disability, specific learning disability, orthopedic impairments and other health impairments.

3. The requirements are:

a. A Bachelor's degree;

b. One of the following:

i. Completion of a teacher preparation program in special education from an accredited institution, which included courses in mental retardation, emotional disability, specific learning disability, orthopedic impairments and other health impairments; or

ii. Forty-five semester hours of education courses which teach the standards described in R7-2-602, including 21 semester hours of special education courses and eight semester hours of practicum with students representing at least three of the five disability areas. Special education courses shall include survey of exceptional students; teaching methodologies and strategies for students with disabilities; foundations course in mild to moderate mental retardation, learning disability, emotional disabilities, and physical/health impairment; and diagnosis and assessment of mild disabilities. Two years of verified teaching experience in special education in grades K-12 may substitute for the eight semester hours of practicum; or

iii. A valid cross-categorical special education certificate from another state.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the cross-categorical special education portion of the Arizona Teacher Proficiency Assessment; and

e. A valid Class 1 or Class 2 fingerprint clearance card.

D. Standard Cross-Categorical Special Education Certificate -- grades K-12.

1. The certificate is valid for six years.

2. The holder is qualified to teach students with mild to moderate mental retardation, emotional disability, specific learning disability, orthopedic impairments and other health impairments.

3. The requirements are:

a. Qualification for the provisional cross-categorical Special Education certificate;

b. A passing score on the performance portion of the Arizona Teacher Proficiency Assessment; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

E. Provisional Specialized Special Education Certificate -- grades K-12.

1. The certificate is valid for two years and is not renewable but may be extended as set forth in R7-2-606(H) or (I).

2. The holder is qualified to teach students with mental retardation, emotional disability, specific learning disability, orthopedic impairments or other health impairments, as specified on the certificate.

3. The requirements are:

a. A Bachelor's degree;

b. One of the following:

i. Completion of a teacher preparation program in the specified area of special education from an accredited institution; or

ii. Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including 21 semester hours of special education courses and eight semester hours of practicum in the designated area of disability. Special education courses shall include survey of exceptional students; teaching methodologies for students with disabilities; foundations of instruction in the designated area of disability; and diagnosis and assessment of disabilities. Two years of verified teaching experience in the area of disability in grades K-12 may be substituted for the eight semester hours of practicum; or

iii. A valid special education certificate in the specified area from another state.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the specified disability special education portion of the Arizona Teacher Proficiency Assessment; and

e. A valid Class 1 or Class 2 fingerprint clearance card.

F. Standard Specialized Special Education Certificate -- grades K-12.

1. The certificate is valid for six years.

2. The holder is qualified to teach students with mental retardation, emotional disability, specific learning disability, orthopedic impairments or other health impairments, as specified on the certificate.

3. The requirements are:

a. Qualification for the provisional Special Education certificate;

b. A passing score on the performance portion of the Arizona Teacher Proficiency Assessment; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

G. Provisional Severely and Profoundly Disabled Certificate -- grades K-12.

1. The certificate is valid for two years and is not renewable but may be extended as set forth in R7-2-606(H) or (I).

2. The requirements are:

a. A Bachelor's degree;

b. One of the following:

i. Completion of a teacher preparation program in severely and profoundly disabled education from an accredited institution; or

ii. Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including 21 semester hours of special education courses and eight semester hours of practicum. Special education courses shall include survey of exceptional students, teaching methodologies for students with severe and profound disabilities, foundations of instruction of students with severe and profound disabilities, and diagnostic and assessment procedures for students with severe and profound disabilities. Two years of verified teaching experience with students in grades Prekindergarten-12 who are severely and profoundly disabled may be substituted for the eight semester hours of practicum; or

iii. A valid Severely and Profoundly Disabled certificate from another state.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the severely and profoundly disabled special education portion of the Arizona Teacher Proficiency Assessment; and

e. A valid Class 1 or Class 2 fingerprint card.

H. Standard Severely and Profoundly Disabled Certificate -- grades K-12.

1. The certificate is valid for six years.

2. The requirements are:

a. Qualification for the provisional severely and profoundly disabled certificate;

b. A passing score on the performance portion of the Arizona Teacher Proficiency Assessment; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

I. Provisional Hearing Impaired Certificate -- grades K-12.

1. The certificate is valid for two years and is not renewable but may be extended as set forth in R7-2-606(H) or (I).

2. The requirements are:

a. A Bachelor's degree;

b. One of the following:

i. Completion of a teacher preparation program in hearing impaired education from an accredited institution; or

ii. Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including 21 semester hours of special education courses for the hearing impaired and eight semester hours of practicum. Special education courses shall include survey of exceptional students, teaching methodologies for students with hearing impairment, foundations of instruction of students with hearing impairment, and diagnostic and assessment procedures for the hearing impaired. Two years of verified teaching experience in the area of hearing impaired in grades Prekindergarten-12 may be substituted for the eight semester hours of practicum; or

iii. A valid hearing impaired certificate from another state.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the hearing impaired special education portion of the Arizona Teacher Proficiency Assessment; and

e. A valid Class 1 or Class 2 fingerprint clearance card.

J. Standard Hearing Impaired Certificate -- grades K-12.

1. The certificate is valid for six years.

2. The requirements are:

a. Qualification for the provisional hearing impaired certificate;

b. A passing score on the performance portion of the Arizona Teacher Proficiency Assessment; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

K. Provisional Visually Impaired Certificate -- grades K-12.

1. The certificate is valid for two years and is not renewable but may be extended as set forth in R7-2-606(H) or (I).

2. The requirements are:

a. A Bachelor's degree;

b. One of the following:

i. Completion of a teacher preparation program in visual impairment from an accredited institution; or

ii. Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including 21 semester hours of special education courses for the visually impaired and eight semester hours of practicum. Special education courses shall include survey of exceptional students, teaching methodologies for students with visual impairment, foundations of instruction of students with visual impairment, and diagnostic and assessment procedures for the visually impaired. Two years of verified teaching experience in the area of visually impaired in grades Prekindergarten-12 may be substituted for the eight semester hours of practicum; or

iii. A valid visually impaired special education certificate from another state.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the visually impaired special education portion of the Arizona Teacher Proficiency Assessment; and

e. Demonstration of competency in Braille through one of the following:

i. A passing score on the original version of the National Library of Congress certification exam; or

ii. A valid certificate for a literary Braille transcriber issued by the National Library of Congress; or

iii. A passing score on a Braille exam administered by another state; or

iv. A passing score on the Braille exam developed and administered by the University of Arizona. Individuals who take this test and are not students at the University of Arizona may be assessed a fee.

f. A valid Class 1 or Class 2 fingerprint clearance card.

L. Standard Visually Impaired Certificate -- grades K-12.

1. The certificate is valid for six years.

2. The requirements are:

a. Qualifications for the provisional visually impaired certificate;

b. A passing score on the performance portion of the Arizona Teacher Proficiency Assessment; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

M. Provisional Speech and Language Impaired Certificate -- grades K-12.

1. This certificate is valid for two years and is not renewable but may be extended as set forth in R7-2-606(H) or (I).

2. The requirements are:

a. A Bachelor's degree;

b. One of the following:

i. Completion of a teacher preparation program in speech and language special education from an accredited institution; or

ii. Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including 30 semester hours of special education courses for the speech impaired. Special education courses shall include survey of exceptional students, teaching methodologies for students with speech impairment, foundations of instruction of students with speech impairment, diagnostic and assessment procedures for the speech impaired, and a minimum of 200-clock hours of supervised clinical practice in providing speech and language impairment services. All clinical practice clock hours shall be supervised by an American Speech and Language Association-certified pathologist or by a state-certified speech and language therapist; or

iii. A valid Speech and Language Impaired special education certificate from another state.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the speech and language impaired special education portion of the Arizona Teacher Proficiency Assessment; and

e. A valid Class 1 or Class 2 fingerprint clearance card.

N. Standard Speech and Language Impaired Certificate -- grades K-12.

1. The certificate is valid for six years.

2. The requirements are:

a. Qualification for the provisional speech and language impaired certificate;

b. A passing score on the performance portion of the Arizona Teacher Proficiency Assessment; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

O. Provisional Early Childhood Special Education Certificate -- Birth to five years.

1. The certificate is valid for two years and is not renewable but may be extended as set forth in R7-2-606(H) or (I).

2. The requirements are:

a. A Bachelor's degree;

b. One of the following:

i. Completion of a teacher preparation program in early childhood special education from an accredited institution; or

ii. Forty-five semester hours of education courses which teach the standards described in R7-2-602, including child development and learning, language development, social and emotional development, curriculum development and implementation, and assessment and evaluation, early childhood special education, and eight semester hours of practicum in early childhood special education. Two years of verified teaching experience in the area of early childhood special education may be substituted for the eight semester hours of practicum; or

iii. A valid early childhood special education certificate from another state.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the early childhood special education portion of the Arizona Teacher Proficiency Assessment; and

e. A valid Class 1 or Class 2 fingerprint clearance card.

P. Standard Early Childhood Special Education Certificate -- Birth to five years.

1. The certificate is valid for six years.

2. Requirements are:

a. Qualify for the provisional early childhood Special Education certificate;

b. Passing score on the performance portion of the Arizona Teacher Proficiency Assessment; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

Historical Note

Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Section R7-2-610 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 2562, effective May 23, 2002 for a period of 180 days (Supp. 02-2). May 23, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 8 A.A.R. 5132, effective November 19, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2). Amended by final rulemaking at 10 A.A.R. 2399, effective July 23, 2004 (Supp. 04-2).

R7-2-611. Career and Technical Education Teaching Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-617.

B. A provisional career and technical education certificate shall be renewed once for two years upon completion of nine semester hours of courses required for the standard career and technical education certificate in the same career and technical education area. Courses should be completed since the most recent issuance of the provisional certificate.

C. For purposes of this rule, the following definitions apply:

1. "Agriculture" means agriculture, agriculture operations, and related sciences; natural resources and conservation; environmental design; landscape architecture; agricultural biological engineering and bioengineering; forest engineering, biological and biomedical sciences; parks, recreation and leisure studies; geological and earth sciences/geosciences; veterinary/animal health technology/technician and veterinary assistant; environmental health; veterinary medicine; veterinary biomedical and clinical sciences; and veterinary residency programs as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165), U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Codes 01, 03, 04.04, 04.06, 14.03, 14.34, 26, 31.0101, 40.06, 51.0808, 51.2202, 51.24, 51.25, 60.03, which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education located at 1535 W. Jefferson, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

2. "Business and Marketing" means computer and information sciences and support services; computer engineering technologies/technicians; apparel and textile marketing management; accounting and computer science; business/commerce, general; business administration, management and operations; accounting and related services; business operations support and assistant services; business/corporate communications; business/managerial economics; entrepreneurial and small business operations; finance and financial management services; hospitality administration/management; human resources management and services; international business; management information systems and services; management sciences and quantitative methods; marketing; real estate; taxation; insurance; general sales, merchandising and related marketing operations; specialized sales, merchandising and marketing operations; and business, management, marketing and related support services, other as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165), U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Codes 11, 15.12, 19.0905, 30.16, 52.01-52.19 and 52.99, which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education located at 1535 W. Jefferson, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

3. "Family and Consumer Sciences" means culinary arts and related services; kindergarten/preschool education and teaching; early childhood education and teaching; family and consumer sciences/human sciences; nutrition sciences; interior design; hospitality administration/management; fashion merchandising; fashion modeling; apparel and accessories marketing operations; tourism and travel services marketing operations; tourism promotion operations; and hospitality and recreation marketing operations as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165) U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Codes 12.05, 13.1209, 13.1210, 19, 30.19, 50.0408, 52.09, 52.1902-52.1906, and 52.1910, which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education located at 1535 W. Jefferson, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

4. "Health Careers" means exercise physiology; kinesiology and exercise science; medical/clinical assistant; clinical/medical laboratory assistant; pharmacy technician/assistant; medical radiologic technology/science-radiation therapist; radiologic technology/science-radiographer; physician assistant; athletic training/trainer; clinical/medical laboratory technician; clinical laboratory science/medical technology/technologist; phlebotomy/phlebotomist; medicine; nursing/registered nurse; osteopathic medicine/osteopathy; pharmacy; physical therapy/therapist; and kinesiotherapy/kinesiotherapist as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165) U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Codes 26.0908, 31.0505, 51.0801, 51.0802, 51.0805, 51.0907, 51.0911, 51.0912, 51.0913, 51.1004, 51.1005, 51.1009, 51.12, 51.1601, 51.19, 51.2001, 51.2308 and 51.2311 which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education located at 1535 W. Jefferson, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

5. "Industrial Technology" means audiovisual communications technologies/technicians; graphic communications; cosmetology and related personal grooming services; electrical engineering technologies/technicians; electromechanical instrumentation and maintenance technologies/technicians; environmental control technologies/technicians; industrial production technologies/technicians; quality control and safety technologies/technicians; mechanical engineering related technologies/technicians; mining and petroleum technologies/technicians; construction engineering technologies; engineering-related technologies; computer engineering technologies/technicians; drafting/design engineering technologies/technicians; security and protective services; mason/masonry; carpenters; electrical and power transmission installers; building/construction finishing, management and inspection; electrical/electronics maintenance and repair technology; heating, air conditioning, ventilation and refrigeration maintenance technology/technician; heavy/industrial equipment maintenance technologies; precision systems maintenance and repair technologies; vehicle maintenance and repair technologies; precision metal working; construction/heavy equipment/earthmoving equipment operation; design and visual communications, general; commercial and advertising art; industrial design; and commercial photography as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165) U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Codes 10.02-10.03, 12.04, 15.03-15.13, 43, 46.01-46.04, 47.01-47.06, 48.05, 49.0202, and 50.0401-50.0406, which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education located at 1535 W. Jefferson, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

6. "Occupations" means employment in any of the areas identified in R7-2-611(C)(1) through (5) relating to Agriculture, Business and Marketing, Family and Consumer Sciences, Health Careers, or Industrial Technology.

7. "Professional Knowledge" means the art of teaching including the knowledge and skills necessary for instructional planning, delivery and evaluation in a career and technical education setting.

8. "Subject Knowledge" means the information, understanding and skills specific to the broad course of study.

9. "Verified Experience" means written documentation from a current or former employer, a current school superintendent, the Department of Education Career and Technical Education Programmatic State Supervisor, or self employment tax forms that indicate that an applicant for a career and technical education certificate performed work in a business or industry setting related to the program to be taught as identified in R7-2-611(C)(1) through (5).

D. Provisional Career and Technical Education Certificate - Agriculture -- grades K-12

1. The certificate is valid for two years.

2. The requirements are:

a. A valid Class 1 or Class 2 fingerprint clearance card; and

b. One of the following options:

i. Option A:

(1) A Bachelor's degree;

(2) Thirty semester hours of courses in agriculture with at least five semester hours of courses in three of the following areas: animal science; plant science including soils; agricultural engineering or mechanics; economics or agricultural economics; or agricultural or natural resources; and

(3) Two-hundred-forty clock hours of verified experience in agriculture occupations.

ii. Option B:

(1) A valid Arizona standard secondary teaching certificate issued pursuant to this Article;

(2) One year of the most recent teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the Arizona standard secondary teaching certificate exhibiting satisfactory performance in the classroom;

(3) Three semester hours of courses in career and technical agricultural education methods; and

(4) Four-hundred-eighty clock hours of verified experience in agriculture occupations.

iii. Option C:

Six thousand clock hours of verified experience in agriculture occupations.

iv. Option D:

A valid teaching certificate in career and technical agriculture education from another state.

3. The holder of this certificate shall receive a passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers before the renewal of the provisional career and technical education certificate - Agriculture or the issuance of the standard career and technical education certificate - Agriculture. A person holding this certificate pursuant to Option D shall not be required to take the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers if the person has passed a component on a proficiency assessment that has been adopted by a state board of education or equivalent agency in another state and that the Board in this state has determined to be equivalent to the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers.

E. Standard Career and Technical Education Certificate - Agriculture -- grades K-12

1. The certificate is valid for six years.

2. The requirements are:

a. A valid Class 1 or Class 2 fingerprint clearance card; and

b. One of the following options:

i. Option A:

(1) Qualification under Option A for the provisional career and technical education certificate - Agriculture; and

(2) Twenty-one semester hours of courses, to include the following areas: methods of teaching agriculture, curriculum and materials of instruction, career and technical education classroom management including laboratory safety, operation of a career and technical student organization, experiential education, and practicum in agriculture in grades K-12. Two years of experience teaching agriculture in grades K-12 may substitute for the practicum.

ii. Option B:

(1) Qualification under Option B for the provisional career and technical education certificate - Agriculture;

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Agriculture exhibiting satisfactory performance in the classroom; and

(3) Fifteen semester hours of courses to include:

(a) Nine semester hours of courses in agriculture subject knowledge;

(b) Three semester hours of courses in career and technical classroom management including laboratory safety; and

(c) Three semester hours of courses in the operation of a career and technical student organization.

iii. Option C:

(1) Qualification under Option C for the provisional career and technical education certificate - Agriculture;

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Agriculture exhibiting satisfactory performance in the classroom;

(3) Fifteen semester hours of courses in professional knowledge to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching agriculture, curriculum design/development, instructional design/methodology, assessment/evaluation, instructional technology, educational philosophy, or career and technical education classroom management including laboratory safety; and

(4) Nine semester hours of courses in agriculture subject knowledge.

iv. Option D:

(1) Qualification under Option D for the provisional career and technical education certificate - Agriculture; and

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Agriculture exhibiting satisfactory performance in the classroom.

F. Provisional Career and Technical Education Certificate - Business and Marketing -- grades K-12

1. The certificate is valid for two years.

2. The requirements are:

a. A valid Class 1 or Class 2 fingerprint clearance card; and

b. One of the following options:

i. Option A:

(1) A Bachelor's or more advanced degree in business, business education, marketing or marketing education; and

(2) Two-hundred-forty clock hours of verified experience in business/marketing occupations or a practicum in the areas of business/marketing occupations.

ii. Option B:

(1) A valid Arizona standard secondary teaching certificate issued pursuant to this Article;

(2) One year of the most recent teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the Arizona standard secondary teaching certificate exhibiting satisfactory performance in the classroom;

(3) Three semester hours of courses in career and technical business or marketing education methods; and

(4) Four-hundred-eighty clock hours of verified experience in business/marketing occupations.

iii. Option C:

Six thousand clock hours of verified experience in business/marketing occupations.

iv. Option D:

A valid teaching certificate in business education, marketing education, career and technical business education or career and technical marketing education from another state.

3. The holder of this certificate shall receive a passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers before the renewal of the provisional career and technical education certificate - Business and Marketing or the issuance of the standard career and technical education certificate - Business and Marketing. A person holding this certificate pursuant to Option D shall not be required to take the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers if the person has passed a component on a proficiency assessment that has been adopted by a state board of education or equivalent agency in another state and that the Board in this state has determined to be equivalent to the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers.

G. Standard Career and Technical Education Certificate - Business and Marketing -- grades K-12

1. The certificate is valid for six years.

2. The requirements are:

a. A valid Class 1 or Class 2 fingerprint clearance card; and

b. One of the following options:

i. Option A:

(1) Qualification under Option A for the provisional career and technical education certificate - Business and Marketing; and

(2) Eighteen semester hours of courses in professional knowledge to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching business or marketing, curriculum design/development, instructional technology, educational philosophy, instructional design/methodology, assessment/evaluation, or classroom management.

ii. Option B:

(1) Qualification under Option B for the provisional career and technical education certificate - Business and Marketing;

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Business and Marketing exhibiting satisfactory performance in the classroom; and

(3) Twelve semester hours to include:

(a) Nine semester hours of courses in business or marketing subject knowledge; and

(b) Three semester hours of courses in professional knowledge to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching business or marketing, curriculum design/development, instructional technology, classroom management, educational philosophy, instructional design/methodology, or assessment/evaluation.

iii. Option C:

(1) Qualification under Option C for the provisional career and technical education certificate - Business and Marketing;

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Business and Marketing exhibiting satisfactory performance in the classroom;

(3) Fifteen semester hours of courses in professional knowledge to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching business or marketing, curriculum design/development, instructional design/methodology, assessment/evaluation, instructional technology, educational philosophy or career and technical education classroom management; and

(4) Nine semester hours of courses in business or marketing subject knowledge.

iv. Option D:

(1) Qualification under Option D for the provisional career and technical education certificate - Business and Marketing; and

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Business and Marketing exhibiting satisfactory performance in the classroom.

H. Provisional Career and Technical Education Certificate - Family and Consumer Sciences -- grades K-12

1. The certificate is valid for two years.

2. The requirements are:

a. A valid Class 1 or Class 2 fingerprint clearance card; and

b. One of the following options:

i. Option A:

(1) A Bachelor's degree;

(2) Thirty semester hours of courses in family and consumer sciences that includes instruction in each of the following: human development; family or human relations; clothing, textiles or fashion merchandising; nutrition or food preparation; facility management, housing or interior design; consumer economics, family resources, personal finance or family financial management; food production or culinary arts; and child development; and

(3) Two-hundred-forty clock hours of verified experience in family and consumer sciences occupations.

ii. Option B:

(1) A valid Arizona standard secondary teaching certificate issued pursuant to this Article;

(2) One year of the most recent teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the Arizona standard secondary teaching certificate exhibiting satisfactory performance in the classroom;

(3) Three semester hours of courses in career and technical occupational family and consumer sciences education methods; and

(4) Four-hundred-eighty clock hours of verified experience in family and consumer sciences occupations.

iii. Option C:

Six thousand clock hours of verified experience in family and consumer sciences occupations.

iv. Option D:

A valid teaching certificate in career and technical family and consumer sciences education from another state.

3. The holder of this certificate shall receive a passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers before the renewal of the provisional career and technical education certificate - Family and Consumer Sciences or the issuance of the standard career and technical education certificate - Family and Consumer Sciences. A person holding this certificate pursuant to Option D shall not be required to take the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers if the person has passed a component on a proficiency assessment that has been adopted by a state board of education or equivalent agency in another state and that the Board in this state has determined to be equivalent to the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers.

I. Standard Career and Technical Education Certificate - Family and Consumer Sciences -- grades K-12

1. The certificate is valid for six years.

2. The requirements are:

a. A valid Class 1 or Class 2 fingerprint clearance card; and

b. One of the following options:

i. Option A:

(1) Qualification under Option A for the provisional career and technical education certificate - Family and Consumer Sciences; and

(2) Eighteen semester hours of courses in professional knowledge to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching occupational family and consumer sciences, curriculum design/development, instructional technology, educational philosophy, instructional design/methodology, assessment/evaluation or classroom management including laboratory safety.

ii. Option B:

(1) Qualification under Option B for the provisional career and technical education certificate - Family and Consumer Sciences;

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Family and Consumer Sciences exhibiting satisfactory performance in the classroom; and

(3) Twelve semester hours of courses to include:

(a) Nine semester hours of courses in family and consumer sciences subject knowledge; and

(b) Three semester hours of courses in career and technical education classroom management including laboratory safety.

iii. Option C:

(1) Qualification under Option C for the provisional career and technical education certificate - Family and Consumer Sciences;

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Family and Consumer Sciences exhibiting satisfactory performance in the classroom;

(3) Fifteen semester hours of courses in professional knowledge to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching occupational family and consumer sciences, curriculum design/development, instructional design/methodology, assessment/evaluation, instructional technology, educational philosophy or career and technical education classroom management including laboratory safety; and

(4) Nine semester hours of courses in family and consumer sciences subject knowledge.

iv. Option D:

(1) Qualification under Option D for the provisional career and technical education certificate - Family and Consumer Sciences; and

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Family and Consumer Sciences exhibiting satisfactory performance in the classroom.

J. Provisional Career and Technical Education Certificate - Health Careers -- grades K-12.

1. The certificate is valid for two years.

2. The requirements are:

a. A valid Class 1 or Class 2 fingerprint clearance card; and

b. One of the following options:

i. Option A:

(1) A Bachelor's or more advanced degree in a biological science, health science, physical science, or nursing; and

(2) Six thousand clock hours of verified experience in health careers occupations.

ii. Option B:

(1) A valid Arizona standard secondary teaching certificate issued pursuant to this Article;

(2) One year of the most recent teacher evaluation(s) approved by a certificated administrator or the administrator's designee, in a secondary school setting and issued during the term of the Arizona standard secondary teaching certificate exhibiting satisfactory performance in the classroom;

(3) Three semester hours of courses in career and technical education methods; and

(4) Six thousand clock hours of verified experience in health careers occupations.

iii. Option C:

Six thousand clock hours of verified experience in health careers occupations.

iv. Option D:

A valid teaching certificate in career and technical health careers education from another state.

3. The holder of this certificate shall receive a passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers before the renewal of the provisional career and technical education certificate - Health Careers or the issuance of the standard career and technical education certificate - Health Careers. A person holding this certificate pursuant to Option D shall not be required to take the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers if the person has passed a component on a proficiency assessment that has been adopted by a board of education or equivalent agency in another state and that the state Board in this state has determined to be equivalent to the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers.

K. Standard Career and Technical Education Certificate - Health Careers -- grades K-12

1. The certificate is valid for six years.

2. The requirements are:

a. A valid Class 1 or Class 2 fingerprint clearance card; and

b. One of the following options:

i. Option A:

(1) Qualification under Option A for the provisional career and technical education certificate - Health Careers; and

(2) Eighteen semester hours of courses in professional knowledge to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching career and technical education, curriculum design/development, instructional technology, educational philosophy, instructional design/methodology, assessment/evaluation or classroom management including laboratory safety.

ii. Option B:

(1) Qualification under Option B for the provisional career and technical education certificate - Health Careers;

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designed, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Health Careers exhibiting satisfactory performance in the classroom; and

(3) Twelve semester hours of courses to include:

(a) Nine semester hours of courses in health careers subject knowledge; and

(b) Three semester hours of courses in career and technical education classroom management including laboratory safety.

iii. Option C:

(1) Qualification under Option C for the provisional career and technical education certificate - Health Careers;

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Health Careers exhibiting satisfactory performance in the classroom;

(3) Fifteen semester hours of courses in professional knowledge to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching career and technical education, curriculum design/development, instructional design/methodology, assessment/evaluation, instructional technology, educational philosophy or career and technical education classroom management including laboratory safety; and

(4) Nine semester hours of courses in health careers subject knowledge.

iv. Option D:

(1) Qualification under Option D for the provisional career and technical education certificate - Health Careers; and

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Health Careers exhibiting satisfactory performance in the classroom.

L. Provisional Career and Technical Education Certificate - Industrial Technology -- grades K-12

1. The certificate is valid for two years.

2. The requirements are:

a. A valid Class 1 or Class 2 fingerprint clearance card; and

b. One of the following options:

i. Option A:

(1) A Bachelor's or more advanced degree in Industrial Arts or Industrial Technology Education; and

(2) Two-hundred-forty clock hours of verified experience in industrial technology occupations.

ii. Option B:

(1) A valid Arizona standard secondary teaching certificate issued pursuant to this Article;

(2) One year of the most recent teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the Arizona standard secondary teaching certificate exhibiting satisfactory performance in the classroom;

(3) Three semester hours of courses in career and technical education methods; and

(4) Four-hundred-eighty clock hours of verified experience in industrial technology occupations.

iii. Option C:

Six thousand clock hours of verified experience in industrial technology occupations.

iv. Option D:

A valid teaching certificate in career and technical industrial arts education or career and technical industrial technology education from another state.

3. The holder of this certificate shall receive a passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers before the renewal of the provisional career and technical education certificate - Industrial Technology or the issuance of the standard career and technical education certificate - Industrial Technology. A person holding this certificate pursuant to Option D shall not be required to take the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers if the person has passed a component on a proficiency assessment that has been adopted by a state board of education or equivalent agency in another state and that the Board in this state has determined to be equivalent to the professional knowledge portion of the Arizona Teacher Proficiency Assessment for secondary teachers.

M. Standard Career and Technical Education Certificate - Industrial Technology -- grades K-12

1. The certificate is valid for six years.

2. The requirements are:

a. A valid Class 1 or Class 2 fingerprint clearance card; and

b. One of the following options:

i. Option A:

(1) Qualification under Option A for the provisional career and technical education certificate - Industrial Technology; and

(2) Eighteen semester hours of courses in professional knowledge to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching career and technical education, curriculum design/development, instructional technology, educational philosophy, instructional design/methodology, assessment/evaluation, or classroom management including laboratory safety.

ii. Option B:

(1) Qualification under Option B for the provisional career and technical education certificate - Industrial Technology;

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Industrial Technology exhibiting satisfactory performance in the classroom; and

(3) Twelve semester hours of courses to include:

(a) Nine semester hours of courses in industrial technology subject knowledge; and

(b) Three semester hours of courses in career and technical education classroom management including laboratory safety.

iii. Option C:

(1) Qualification under Option C for the provisional career and technical education certificate - Industrial Technology;

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Industrial Technology exhibiting satisfactory performance in the classroom;

(3) Fifteen semester hours of courses in professional knowledge to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching career and technical education, curriculum design/development, instructional design/methodology, assessment/evaluation, instructional technology, educational philosophy or career and technical education classroom management including laboratory safety; and

(4) Nine semester hours of courses in industrial technology subject knowledge.

iv. Option D:

(1) Qualification under Option D for the provisional career and technical education certificate - Industrial Technology; and

(2) Two years of teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a secondary school setting and issued during the term of the provisional career and technical education certificate - Industrial Technology exhibiting satisfactory performance in the classroom.

Historical Note

Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 5139, effective November 19, 2002 for a period of 180 days (Supp. 02-4). Emergency rulemaking renewed under A.R.S. § 41-1026(D) at 9 A.A.R. 1547, effective April 29, 2003 for a period of 180 days (Supp. 03-2). Emergency rulemaking repealed under A.R.S. § 41-1026(E) and permanent R7-2-611 amended by final rulemaking at 9 A.A.R. 3950, effective October 21, 2003 (Supp. 03-3).

R7-2-612. Other Teaching Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607.

B. Substitute Certificate -- grades K-12

1. The certificate is valid for six years and renewable by reapplication.

2. The certificate entitles the holder to substitute in the temporary absence of a regular contract teacher. A person holding only a substitute certificate shall not be assigned a contract teaching position.

3. An individual who holds a valid teaching or administrator certificate shall not be required to hold a substitute certificate to be employed as a substitute teacher.

4. A person holding only a substitute certificate shall be limited to teaching 120 days in the same school each school year.

5. The requirement for issuance is a Bachelor's degree and a valid Class 1 or Class 2 fingerprint clearance card.

6. Substitute certificates previously issued as valid for life under this rule shall remain valid for life.

C. Emergency Substitute Certificate -- grades K-12

1. The certificate is valid for one school year or part thereof. The expiration date shall be the following July 1.

2. The certificate entitles the holder to substitute only in the district that verifies that an emergency employment situation exists.

3. The certificate entitles the holder to substitute in the temporary absence of a regular contract teacher. A person holding only an emergency substitute certificate shall not be assigned a contract teaching position.

4. The holder of an emergency substitute certificate shall be limited to 120 days of substitute teaching per school year.

5. The requirements for initial issuance are:

a. High school diploma;

b. Verification from the school district superintendent that an emergency employment situation exists; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

6. The requirements for each reissuance are:

a. Two semester hours of academic courses completed since the last issuance of the Emergency Substitute Certificate. District in-service programs designed for professional development may substitute for academic courses. Fifteen clock hours of in-service is equivalent to one semester hour. In-service hours shall be verified by the district superintendent or personnel director. Individuals who have earned 30 or more semester hours are exempt from this requirement;

b. Verification from the school district superintendent that an emergency employment situation exists; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

D. Emergency Teaching Certificate -- grades K-12

1. The certificate is valid one school year or part thereof. The expiration date shall be the following July 1.

2. The certificate entitles the holder to enter into a teaching contract.

3. Emergency teaching certificates shall be issued only for elementary and secondary certificates required by A.R.S. § 15-502(B), special education certificates, and required endorsements.

4. The certificate entitles the holder to teach only in the district that verifies that an emergency employment situation exists.

5. The requirements for initial issuance are:

a. A Bachelor's degree;

b. Verification from the school district superintendent that an emergency employment situation exists; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

6. The requirements for reissuance are:

a. Verification from the school district superintendent that an emergency employment situation exists;

b. Six semester hours of courses toward meeting the requirements for the specified certificate or endorsement, completed since the last issuance of the emergency teaching certificate; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

E. Teaching Intern Certificate -- grades K-12

1. The certificate is valid for two years and is not renewable.

2. The intern certificate entitles the holder to perform intern or paraprofessional duties in whatever grades or levels are assigned.

3. The requirements are:

a. Current enrollment in a teacher preparation program;

b. A recommendation from the dean of a college of education or the administrator of a Board-approved teacher preparation program; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

4. The holder shall be under the direct supervision of college and certified school personnel.

F. Adult Education Certificates

1. The adult education certificates are issued for individuals teaching in the areas of Adult Basic Education, General Educational Development, English as a Second Language, or Citizenship.

2. Provisional Adult Education Certificate.

a. The certificate is valid for three years and is not renewable.

b. The requirement for issuance is a valid Class 1 or Class 2 fingerprint clearance card and a Bachelor's degree or three years of experience as a teacher, tutor, or aide in an adult education program or in grades K-12. Up to two years of experience may be waived by postsecondary academic credit, with 30 semester hours equivalent to one year of experience.

3. Standard Adult Education Certificate.

a. The certificate is valid for six years.

b. The requirements are:

i. One year of part-time or full-time teaching experience under a provisional adult education certificate, verified by an adult education program administrator;

ii. Completion of 10-clock hours in a professional development program described in R7-2-617(B) since the issuance of the provisional adult education certificate; and

iii. A valid Class 1 or Class 2 fingerprint clearance card.

c. The renewal requirements are completion of 60- clock hours in a professional development program, described in R7-2-617(B).

G. Junior Reserve Officer Training Corps Teaching Certificate
-- grades 9-12

1. The certificate is valid for six years and is renewable upon application.

2. The certificate is valid at any local education agency which conducts an approved Junior Reserve Officer Training Corps program of the Air Force, Army, Navy, or Marine Corps.

3. The requirements are:

a. Verification by the district of an approved Junior Reserve Officer Training Corps program of instruction in which the applicant will be teaching;

b. Verification by the district that the applicant meets the work experience required by the respective military service; and

c. A valid Class 1 or Class 2 fingerprint clearance card.

H. Athletic coaching certificate -- grades 7-12

1. The certificate is valid for six years.

2. The certificate entitles the holder to perform coaching duties in interscholastic and extracurricular athletic activities. It is not required for teachers who hold a valid elementary, secondary or special education certificate.

3. The requirements are:

a. Valid certification in first aid and Coronary and Pulmonary Resuscitation (CPR);

b. Completion of 15 semester hours of courses which shall include at least three semester hours in courses related to each of the following: methods of coaching; anatomy and physiology; sports psychology; adolescent psychology; and the prevention and treatment of athletic injuries;

c. 250 hours of verified coaching experience in the sport to be coached. Coaching experience may include experience as a head coach or assistant coach in a school program or in an organized athletic league; and

d. A valid Class 1 or Class 2 fingerprint clearance card.

4. Renewal requirements are:

a. Completion of 60-clock hours in a professional development program described in R7-2-617(B);

b. Valid certification in first aid and CPR.

I. Provisional Early Childhood Education Certificate - birth through age eight

1. By July 1, 2009, either a provisional or a standard early childhood education certificate shall be required for individuals teaching in public school early childhood education programs, except as provided in R7-2-610 or in R7-2-613(L). For individuals teaching in grades 1 - 3, this certificate is optional, but recommended.

2. For the purposes of this rule, public school early childhood education programs are defined as education programs provided by local education agencies, including their sub-grantees and contracted providers, for children birth through age 8 for the purpose of providing academically and developmentally appropriate learning opportunities that are standards-based with defined curriculum and comprehensive in content to include all appropriate developmental and academic areas as defined by the Arizona Early Childhood Education Standards or the Arizona K-12 Academic Standards approved by the Board. The Arizona Early Childhood Education Standards: Arizona Department of Education, 1535 West Jefferson, Phoenix, AZ 85007, were adopted by the State Board of Education in June 2003 and the Arizona K-12 Academic Standards: Arizona Department of Education, 1535 West Jefferson, Phoenix, AZ 85007, were adopted by the State Board of Education as follows: Arts, April 1997; Comprehensive Health/PE, April 1997; Foreign and Native Language, April 1997; Mathematics, March 2003; Reading, March 2003; Science, May 2004; Social Studies, March 2000; Technology, September 2000; Workplace Skills, March 1997; and Writing, June 2004, are incorporated by reference and are on file with the Arizona Department of Education. This incorporation by reference contains no further editions or amendments. Copies of the incorporated material are available for review at Arizona Department of Education, 1535 West Jefferson, Phoenix, AZ 85007 or on the Arizona Department of Education web site at www.ade.az.gov/standards. Public school early childhood education programs include, but are not limited to, half day and full day kindergarten programs, Early Childhood Block Grant programs pursuant to A.R.S. § 15-1251, Family Literacy Programs for preschool children pursuant to A.R.S. § 15-191.01, and public school-administered early childhood education programs funded in whole or part with federal funds, such as the Head Start or Even Start programs, provided nothing in these rules conflicts with the terms of the federal grant. Extended day child care programs provided by local educational agencies are not considered early childhood education programs for purposes of this rule unless the program meets the definition of a public school early childhood education program set forth above.

3. This certificate is valid for two years and is not renewable.

4. The requirements are:

a. A Bachelor's degree; and

b. One of the following:

i. Completion of a teacher preparation program in early childhood education from an accredited institution or a teacher preparation program approved by the Board; or

ii. Early childhood education coursework and practicum experience which teaches the knowledge and skills described in R7-2-602 and includes both of the following:

(1) 37 semester hours of early childhood education courses to include all of the following areas of study:

(a) foundations of early childhood education;

(b) child guidance and classroom management;

(c) characteristics and quality practices for typical and atypical behaviors of young children;

(d) child growth and development, including health, safety and nutrition;

(e) child, family, cultural and community relationships;

(f) developmentally appropriate instructional methodologies for teaching language, math, science, social studies and the arts;

(g) early language and literacy development;

(h) assessing, monitoring and reporting progress of young children; and

(2) A minimum of 8 semester hours of practicum, including:

(a) A minimum of 4 semester hours in supervised field experience, practicum, internship or student teaching setting serving children birth - preschool. One year of full-time verified teaching experience with children in birth - preschool may substitute for this student teaching experience. This verification may come from a school- based education program or center-based program licensed by the Department of Health Services or regulated by tribal or military authorities; and

(b) A minimum of 4 semester hours in a supervised student teaching setting serving children in kindergarten - grade 3. One year of full-time verified teaching experience with children in kindergarten - grade 3 in an accredited school may substitute for this student teaching experience; or

iii. A valid early childhood education certificate from another state.

c. A valid Fingerprint Clearance Card issued by Arizona DPS; and

d. A passing score on the professional knowledge portion of the Arizona Educator Proficiency Assessment once that portion of the AEPA is adopted by the Board; and

e. A passing score on the early childhood subject knowledge portion of the Arizona Educator Proficiency Assessment once that portion of the AEPA is adopted by the Board.

J. Standard Early Childhood Education Certificate - birth through age eight

1. By July 1, 2009, either a provisional or a standard early childhood education certificate shall be required for individuals teaching in public school early childhood education programs, except as provided in R7-2-610 or in R7-2-613(L). For individuals teaching in grades 1 - 3, this certificate is optional, but recommended.

2. This certificate is valid for six years.

3. The requirements are:

a. Qualification for the Provisional Early Childhood Education Certificate, except as provided in R7-2-612(J)(4); and

b. Two years of verified teaching experience with children birth through age eight or grade three in a school-based education program or center-based program licensed by the Department of Health Services or regulated by tribal or military authorities.

4. An individual may also qualify for a standard Early Childhood Education Certificate if the individual:

a. Holds current National Board Certification in Early Childhood; and

b. Holds a valid fingerprint Clearance Card issued by DPS.

Historical Note

Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Section R7-2-612 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 2562, effective May 23, 2002 for a period of 180 days (Supp. 02-2). May 23, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 8 A.A.R. 5132, effective November 19, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2). Amended by final rulemaking at 11 A.A.R. 1885, effective June 26, 2005 (Supp. 05-2).

R7-2-613. Endorsements

A. An endorsement shall be automatically renewed with the certificate on which it is posted.

B. Except as noted, all endorsements are subject to the general certification provisions in R7-2-607.

C. Endorsements which are optional as specified herein may be required by local governing boards.

D. Special subject endorsements -- grades K-12.

1. Special subject endorsements shall be issued in the area of art, computer science, dance, dramatic arts, music, or physical education.

2. Special subject endorsements are optional.

3. The requirements are:

a. An Arizona elementary, secondary, or special education certificate;

b. One course in the methods of teaching the subject at the elementary level;

c. One course in the methods of teaching the subject at the secondary level; and

d. One of the following:

i. Thirty semester hours of courses in the subject area; or

ii. A passing score on the subject area portion of the Arizona Teacher Proficiency Assessment, if an assessment has been adopted by the Board.

E. Mathematics Specialist Endorsement -- grades K-8

1. The mathematics specialist endorsement is optional.

2. The requirements are:

a. An Arizona elementary or special education certificate;

b. Three semester hours of courses in the methods of teaching elementary school mathematics; and

c. Fifteen semester hours of courses in mathematics education for teachers of elementary or middle school mathematics.

F. Reading Specialist Endorsement -- grades K-12

1. The reading specialist endorsement shall be required of an individual in the position of reading specialist, reading consultant, remedial reading teacher, special reading teacher, or in a similar position.

2. The requirements are:

a. An Arizona elementary, secondary, or special education certificate; and

b. Fifteen semester hours of courses to include decoding, diagnosis and remediation of reading difficulties, and practicum in reading.

G. Elementary Foreign Language Endorsement -- grades K-8

1. The elementary foreign language endorsement is optional.

2. The requirements are:

a. An Arizona elementary, secondary or special education certificate.

b. Proficiency in speaking, reading, and writing a language other than English, verified by the appropriate language department of an accredited institution. American Indian language proficiency shall be verified by an official designated by the appropriate tribe.

c. Three semester hours of courses in the methods of teaching a foreign language at the elementary level.

H. Bilingual Endorsements -- grades K-12

1. A provisional bilingual endorsement or a bilingual endorsement is required of an individual who is a bilingual classroom teacher, bilingual resource teacher, bilingual specialist, or otherwise responsible for providing bilingual instruction.

2. The provisional bilingual endorsement is valid for three years and is not renewable. The requirements are:

a. An Arizona elementary, secondary, or special education, or vocational certificate; and

b. Proficiency in a language other than English or sign language.

3. The holder of the bilingual endorsement is also authorized to teach English as a Second Language.

4. The requirements are:

a. An Arizona elementary, secondary, special education, or vocational certificate;

b. Completion of a bilingual education program from an accredited institution or the following courses:

i. Three semester hours of foundations of instruction for non-English-language-background students;

ii. Three semester hours of bilingual methods;

iii. Three semester hours of English as a Second Language for bilingual settings;

iv. Three semester hours of courses in bilingual materials and curriculum; assessment of limited-English-proficient students; teaching reading and writing in the native language; or English as a Second Language for bilingual settings;

v. Three semester hours of linguistics to include psycholinguistics, sociolinguistics, first language acquisition, and second language acquisition for language minority students; or American Indian language linguistics;

vi. Three semester hours of courses dealing with school, community, and family culture and parental involvement in programs of instruction for non-English-language-background students; and

vii. Three semester hours of courses in methods of teaching and evaluating handicapped children from non-English-language backgrounds. These hours are only required for bilingual endorsements on special education certificates.

c. A valid bilingual certificate or endorsement from another state may be substituted for the courses described in subsection (H)(4)(b);

d. Practicum in a bilingual program or two years of verified bilingual teaching experience; and

e. Proficiency in a spoken language other than English, verified by the language department of an accredited institution except in the case of Spanish and American Indian languages. Spanish language proficiency shall be demonstrated by passing the Arizona Classroom Spanish Proficiency Examination approved by the Board. American Indian language proficiency shall be verified by an official designated by the appropriate tribe.

I. English as a Second Language (ESL) Endorsements -- grades K-12

1. An ESL or bilingual endorsement is required of an individual who is an ESL classroom teacher, ESL specialist, ESL resource teacher, or otherwise responsible for providing ESL instruction.

2. The provisional ESL endorsement is valid for three years and is not renewable. The requirements are:

a. An Arizona elementary, secondary, or special education, or vocational certificate; and

b. Six semester hours of courses specified in subsection (I)(3)(b), including at least one course in methods of teaching ESL students.

3. The requirements for the ESL endorsement are:

a. An Arizona elementary, secondary, special education, or vocational certificate;

b. Completion of an ESL education program from an accredited institution or the following courses:

i. Three semester hours of courses in foundations of instruction for non-English-language-background students. Three semester hours of courses in the nature and grammar of the English language, taken before January 1, 1999, may be substituted for this requirement;

ii. Three semester hours of ESL methods;

iii. Three semester hours of teaching of reading and writing to limited-English-proficient students;

iv. Three semester hours of assessment of limited-English-proficient students;

v. Three semester hours of linguistics; and

vi. Three semester hours of courses dealing with school, community, and family culture and parental involvement in programs of instruction for non-English-language-background students.

c. Three semester hours of a practicum or two years of verified ESL or bilingual teaching experience, verified by the district superintendent;

d. Second language learning experience, which may include sign language. Second language learning experience may be documented by any of the following:

i. Six semester hours of courses in a single second language, or the equivalent, verified by the department of language, education, or English at an accredited institution;

ii. Completion of intensive language training by the Peace Corps, the Foreign Service Institute, or the Defense Language Institute;

iii. Placement by the language department of an accredited institution in a third-semester level;

iv. Placement at level 1-intermediate/low or more advanced score on the Oral Proficiency Interview, verified by the American Council for the Teaching of Foreign Languages;

v. Passing score on the Arizona Classroom Spanish Proficiency Examination approved by the Board; or

vi. Proficiency in an American Indian language, verified by an official designated by the appropriate tribe.

e. A valid ESL certificate or endorsement from another state may be substituted for the requirements described in subsection (I)(3)(b), (c), and (d).

J. Structured English Immersion (SEI) Endorsements -- grades K-12

1. From and after August 31, 2006, an SEI, ESL or bilingual endorsement is required of all classroom teachers, supervisors, principals and superintendents. For purposes of this rule, "supervisor," "principal" and "superintendent" means an individual who holds a supervisor, principal or superintendent certificate.

2. The provisional SEI endorsement is valid for three years and is not renewable. The requirements are:

a. An Arizona elementary, secondary, special education, career and technical education, supervisor, principal or superintendent certificate; and

b. For teachers, supervisors, principals and superintendents certified on or after August 31, 2006, three semester hours of courses in Structured English Immersion methods of teaching English Language Learner (ELL) students, including but not limited to instruction in SEI strategies, teaching with the ELL Proficiency Standards adopted by the Board and monitoring ELL student academic progress using a variety of assessment tools; or

c. For teachers, supervisors, principals and superintendents certified before August 31, 2006, one semester hour or 15 clock hours of professional development in Structured English Immersion methods of teaching ELL students, including but not limited to instruction in SEI strategies, teaching with the ELL Proficiency Standards adopted by the Board and monitoring ELL student academic progress using a variety of assessment tools through a training program that meets the requirements of A.R.S. § 15-756(A)(5).

3. The requirements for the SEI endorsement are:

a. An Arizona elementary, secondary, special education, career and technical education, supervisor, principal, or superintendent certificate, and;

b. Qualification for the provisional SEI endorsement, and either:

i. Three semester hours of courses related to the teaching of the English Language Learner Proficiency Standards adopted by the State Board of Education, including but not limited to instruction in SEI strategies, teaching with the ELL Proficiency Standards adopted by the Board and monitoring ELL student academic progress using a variety of assessment tools; or

ii. Completion of 45 clock hours of professional development in the teaching of the English Language Learner Proficiency Standards adopted by the State Board of Education, including but not limited to instruction in SEI strategies, teaching with the ELL Proficiency Standards adopted by the Board and monitoring ELL student academic progress using a variety of assessment tools through a training program that meets the requirements of A.R.S. § 15-756(A)(5).

4. Nothing in this rule prevents school districts from requiring certified staff to obtain an ESL or bilingual endorsement as a condition of employment.

K. Gifted Endorsements -- grades K-12

1. A gifted endorsement is required of individuals whose primary responsibility is teaching gifted students.

2. The provisional gifted endorsement is valid for three years and is not renewable. The requirements are an Arizona elementary, secondary, or special education certificate and one of the following:

a. Two years of verified teaching experience in which most students were gifted;

b. Ninety clock hours of verified in-service training in gifted education; or

c. Six semester hours of courses in gifted education.

3. Requirements for the gifted endorsement are:

a. An Arizona elementary, secondary, or special education certificate;

b. Completion of 9 semester hours of upper division or graduate level courses in an academic discipline such as science, mathematics, language arts, foreign language, social studies, psychology, fine arts, or computer science; and

c. Two of the following:

i. Three years of verified teaching experience in gifted education as a teacher, resource teacher, specialist, or similar position, verified by the district; or

ii. A minimum of 135-clock hours of verified in-service training in gifted education; or

iii. Completion of 12 semester hours of courses in gifted education. District in-service programs in gifted education may be substituted for up to six semester hours of gifted education courses. Fifteen clock hours of in-service is equivalent to one semester hour. In-service hours shall be verified by the district superintendent or personnel director. Practicum courses shall not be accepted toward this requirement; or

iv. Completion of six semester hours of practicum or two years of verified teaching experience in which most students were gifted.

L. Early Childhood Education Endorsement - birth through age eight

1. An early childhood endorsement is optional, but recommended for individuals teaching in public school early childhood education programs who are not otherwise certified in early childhood education. When combined with an Arizona elementary education teaching certificate or an Arizona special education teaching certificate, it may be used in lieu of a standard early childhood education certificate as described in R7-2-612(I).

2. An endorsement shall be automatically renewed with the certificate on which it is posted.

3. The requirements are:

a. A valid Arizona elementary education teaching certificate as provided in R7-2-608 or a valid Arizona special education teaching certificate as provided in R7-2-610;

b. Early childhood education coursework and practicum experience which includes both of the following:

i. 21 semester hours of early childhood education courses to include all of the following areas of study:

(1) foundations of early childhood education;

(2) child guidance and classroom management;

(3) characteristics and quality practices for typical and atypical behaviors of young children;

(4) child growth and development, including health, safety and nutrition;

(5) child, family, cultural and community relationships;

(6) developmentally appropriate instructional methodologies for teaching language, math, science, social studies and the arts;

(7) early language and literacy development;

(8) assessing, monitoring and reporting progress of young children; and

ii. A minimum of 8 semester hours of practicum including:

(1) A minimum of 4 semester hours in a supervised field experience, practicum, internship or student teaching setting serving children birth - preschool. One year of full-time verified teaching experience with children in birth - preschool may substitute for this student teaching experience. This verification may come from a school- based education program or center-based program licensed by the Department of Health Services or regulated by tribal or military authorities; and

(2) A minimum of 4 semester hours in a supervised student teaching setting serving children in kindergarten - grade 3. One year of full-time verified teaching experience with children in kindergarten - grade 3 in an accredited school may substitute for this student teaching experience;

c. A valid Fingerprint Clearance Card issued by Arizona DPS; and

d. A passing score on the early childhood subject knowledge portion of the Arizona Educator Proficiency Assessment once that portion of the AEPA is adopted by the Board.

4. Teachers with a valid Arizona elementary education certificate or Arizona special education certificate as of July 1, 2006 meet the requirements of this Section with evidence of the following:

a. A minimum of three years infant/toddler, preschool or kindergarten - grade 3 classroom teaching experience within 10 years prior to July 1, 2009, and

b. A passing score on the early childhood subject knowledge portion of the Arizona Educator Proficiency Assessment once that portion of the AEPA is adopted by the Board.

M. Library-Media Specialist Endorsement -- grades K-12

1. The library-media specialist endorsement is optional.

2. Requirements are:

a. An Arizona elementary, secondary, or special education certificate;

b. A passing score on the Library Media Specialist portion of the Arizona Teacher Proficiency Assessment. A Master's degree in Library Science may be substituted for a passing score on the assessment; and

c. One year of teaching experience.

N. Middle Grade Endorsement -- grades 5 - 9

1. The middle grade endorsement is optional. The middle grade endorsement may expand the grades a teacher is authorized to teach on an elementary or secondary certificate.

2. The requirements are:

a. An Arizona elementary or secondary certificate; and

b. Six semester hours of courses in middle grade education to include:

i. One course in early adolescent psychology;

ii. One course in middle grade curriculum; and

iii. A practicum or one year of verified teaching experience, in grades 5-9.

O. Drivers Education Endorsement

1. The drivers education endorsement is optional.

2. The requirements are:

a. An Arizona teaching certificate;

b. A valid Arizona driver's license;

c. One course in each of the following: safety education, driver and highway safety education, and driver education laboratory experience; and

d. A driving record with less than seven violation points and no revocation or suspension of driver's license within the two years preceding application.

P. Cooperative Education Endorsement -- grades K-12

1. The cooperative education endorsement is required for individuals who coordinate or teach vocational cooperative education.

2. The requirements are:

a. A provisional or standard vocational certificate in the areas of agriculture, business, family and consumer sciences, health occupations, marketing, or industrial technology; and

b. One course in vocational cooperative education.

Historical Note

Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 10 A.A.R. 4581, effective December 18, 2004 (Supp. 04-4). Amended by final rulemaking at 11 A.A.R. 1885, effective June 26, 2005 (Supp. 05-2).

R7-2-614. Administrative Certificates

A. All certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-617.

B. Supervisor Certificate -- grades Prekindergarten-12

1. The supervisor certificate is required for all personnel whose primary responsibility is administering instructional programs, supervising certified personnel, or similar administrative duties.

2. The certificate may be renewed with a concurrently held teaching certificate. The expiration date shall be the same as the expiration date of the teaching certificate.

3. The requirements are:

a. A standard elementary, secondary, or special education certificate;

b. A Master's or more advanced degree;

c. Three years of verified teaching experience in grades Prekindergarten-12;

d. Completion of a program in educational administration which shall consist of a minimum of 18 graduate semester hours of educational administration courses which teach the knowledge and skills described in R7-2-603;

e. A practicum in educational administration or two years of verified educational administrative experience in grades Prekindergarten-12;

f. A passing score on the Arizona Administrator Proficiency Assessment; and

g. A valid Class 1 or Class 2 fingerprint clearance card.

4. A valid supervisor certificate from another state may be substituted for the teaching experience, program in educational administration, and practicum described in subsections (B)(3)(c), (d), and (e).

C. Principal Certificate -- grades Prekindergarten-12

1. The principal certificate is required for all personnel who hold the title of principal, assistant principal, or others with similar administrative duties.

2. The certificate is valid for six years.

3. The requirements are:

a. A Master's or more advanced degree;

b. Three years of verified teaching experience in grades Prekindergarten-12;

c. Completion of a program in educational administration for principals including at least 30 graduate semester hours of educational administration courses teaching the knowledge and skills described in R7-2-603;

d. A practicum as a principal or two years of verified experience as a principal or assistant principal in grades Prekindergarten-12;

e. A passing score on the Arizona Administrator Proficiency Assessment; and

f. A valid Class 1 or Class 2 fingerprint clearance card.

4. A valid principal certificate from another state may be substituted for the teaching experience, program in educational administration, and practicum described in subsections (C)(3)(b), (c), and (d).

D. Superintendent Certificate -- grades Prekindergarten-12

1. The superintendent certificate is required for superintendents, assistant or associate superintendents, district chief executive officers regardless of title, and others with similar district-level administrative duties. In school districts with a student population of fewer than 600, a superintendent certificate shall not be required until June 30, 2005.

2. The certificate is valid for six years.

3. The requirements are:

a. A Master's or more advanced degree including at least 60 graduate semester hours;

b. Completion of a program in educational administration for superintendents, including at least 36 graduate semester hours of educational administrative courses which teach the standards described in R7-2-603;

c. Three years of verified teaching experience in grades Prekindergarten-12;

d. A practicum as a superintendent or two years verified experience as a superintendent, assistant superintendent, or associate superintendent in grades Prekindergarten-12;

e. A passing score on the Arizona Administrator Proficiency Assessment; and

f. A valid Class 1 or Class 2 fingerprint clearance card.

4. A valid superintendent certificate from another state may be substituted for the program in educational administration, teaching experience, and practicum described in subsections (D)(3)(b), (c), and (d).

5. Individuals who hold an Alternative Superintendent Certificate before the effective date of this rule shall be issued a Superintendent Certificate at the time of renewal. Individuals who were evaluated for an Alternative Superintendent Certificate before the effective date of this rule and who meet the qualifications in effect at the time of evaluation within two years of the evaluation shall be issued a Superintendent Certificate.

Historical Note

Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Section R7-2-614 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 3739, effective August 5, 2002 for a period of 180 days (Supp. 02-3). Emergency rulemaking renewed under A.R.S. § 41-1026 at 9 A.A.R. 522, effective January 31, 2003 for a period of 180 days (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2).

R7-2-615. Other Professional Certificates

A. All certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-617.

B. Guidance Counselor Certificate -- grades K-12

1. The guidance counselor certificate is valid for six years.

2. The requirements are:

a. A Master's or more advanced degree;

b. Completion of a graduate program in guidance and counseling. A valid guidance counselor certificate from another state may substitute for this requirement;

c. A valid Class 1 or Class 2 fingerprint clearance card; and

d. One of the following:

i. Completion of a supervised counseling practicum in school counseling;

ii. Two years of verified, full-time experience as a school guidance counselor; or

iii. Three years of verified teaching experience.

C. School Psychologist Certificate -- grades Prekindergarten-12

1. The school psychologist certificate is valid for six years.

2. The requirements are:

a. A Master's or more advanced degree;

b. Completion of a graduate program in school psychology consisting of at least 60 graduate semester hours;

c. A practicum of at least 1,000-clock hours; and

d. A valid Class 1 or Class 2 fingerprint clearance card.

3. A valid school psychologist certificate from another state may be substituted for the completion of a program described in subsection (C)(2)(b).

Historical Note

Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1).

R7-2-616. Fees

A. The Superintendent of Public Instruction or the Superintendent's designee shall collect proper fees for certification services and shall transmit the fees to the state Treasurer. The following fees are established for certification services:

1. Evaluation of qualification for a certificate: $30.

2. Evaluation of qualification for an endorsement: $30.

3. Renewal of a certificate: $20.

4. Name change, duplicate copy, or changes of coding to existing files or certificates: $20.

5. Processing of fingerprints through state and federal law enforcement agencies: $32, unless a different fee is required to be paid to another state agency.

B. The Superintendent of Public Instruction or the Superintendent's designee shall collect $10 for each administration and evaluation, in whole or in part, of the Arizona Teacher Proficiency Assessment administered by the Department and shall transmit the fees to the state Treasurer.

C. Fees shall be paid by money order, cashier's check, certified check, business check, or personal check and shall be made payable to the order of the Arizona Department of Education. If a check offered in payment for services is not cleared by the financial institution, the applicant shall be notified to pay the fees by money order or certified check. If a certificate has been issued or renewed and payment is not received within two weeks of notification to the applicant, the Board shall file a statement of complaint pursuant to R7-2-1302. If a certificate or renewal has not been issued, no certificate or renewal shall be issued until the fees are paid by cashier's check or money order.

D. Fees paid pursuant to this rule are not refundable.

Historical Note

Adopted effective December 4, 1998 (Supp. 98-4).

R7-2-617. Renewal Requirements

A. A certificate may be renewed within six months before it expires. A certificate may be renewed within one year after it expires if the individual is not employed under the certificate. Individuals whose certificates have been expired for more than one year shall reapply for certification under the requirements in effect at the time of reapplication.

B. Renewal of certificates requires the completion of a professional development program after the most recent issuance or renewal of the certificate. A professional development program shall consist of any of the following activities:

1. Courses related to education or a subject area taught in Arizona schools, taken from an accredited institution. Each semester hour of courses shall be equivalent to 15- clock hours of professional development. The required documentation shall be an official transcript.

2. Professional activities such as conferences and workshops. A maximum of 30-clock hours per year may be earned by attendance at professional conferences and workshops. The required documentation shall be a conference agenda and a statement or certificate from the sponsoring organization noting the clock hours earned.

3. District-sponsored or school-sponsored in-services or activities which are specifically designed for professional development. The required documentation shall be written verification from the sponsoring district or school stating the dates of participation and the number of clock hours earned.

4. Internships in business settings. The internship shall be based on an agreement between a business and a district or school with the stated objective of aligning teaching curriculum with workplace skills. A maximum of 80- clock hours may be earned through business internships. The required documentation shall be written verification by the sponsoring business and district or school stating the dates of participation and number of clock hours earned.

5. Educational research. The research shall be sponsored by a research facility or an accredited institution or funded by a grant. The required documentation shall be the published report of the research or verification by the sponsoring agency; and a statement of the dates of participation and the number of clock hours earned.

6. Serving in a leadership role of a professional organization. A maximum of 30-clock hours per year may be earned by serving in a leadership role of a professional organization. The required documentation shall be written verification by the governing body of the professional organization of the dates of service and clock hours earned.

7. Serving on a visitation team for a school accreditation agency. A maximum of 60-clock hours per year may be earned by serving on a visitation team. The required documentation shall be written verification from the accreditation agency of the dates of service and clock hours earned.

8. Completion of the process for certification by the National Board of Professional Teaching Standards. The required documentation shall be written verification from the National Board of Professional Teaching Standards and a statement from the employing district or school verifying the dates and the clock hours earned during the certification process.

C. An individual holding a Basic or Standard teaching certificate, an administrative certificate, or other professional certificate issued before July 1, 1995, may renew the certificate once before July 1, 2001, based on verification from the employer of continuous full-time employment with an education agency during the entire last valid period of the certificate being renewed. If an individual holding a valid Basic or Standard teaching certificate, administrative certificate, or other professional certificate was not employed during the entire last valid period of the certificate being renewed, the certificate may be renewed once before July 1, 2001, upon completion of 90- clock hours of a professional development program.

D. An individual holding a Basic or Standard teaching certificate, an administrative certificate, or other professional certificate issued or renewed before July 1, 1997, may renew the certificate once before July 1, 2003, upon completion of 90-clock hours of a professional development program.

E. An individual holding a Basic or Standard teaching certificate, an administrative certificate, or other professional certificate issued or renewed after June 30, 1997, and an individual holding a Temporary certificate, may renew or convert the certificate upon completion of 180-clock hours of a professional development program.

F. An individual who is employed by a school or school district at the time of renewal shall submit the required documentation of a professional development program to the district superintendent, director of personnel, or other designated administrator for verification. A certified individual who is not employed by a school or school district at the time of renewal shall submit the required documentation of a professional development program to a county school superintendent, the dean of a college of education, or the Department for verification. The school or district official, county school superintendent, or the dean of a college of education shall verify on forms provided by the Department the number of hours of a professional development program completed by the individual during the valid period of the certificate being renewed.

G. The Department shall issue a Standard teaching certificate when renewing a Basic or Temporary teaching certificate of the same type.

Historical Note

Adopted effective December 4, 1998 (Supp. 98-4). Amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 5139, effective November 19, 2002 for a period of 180 days (Supp. 02-4). Emergency rulemaking renewed under A.R.S. § 41-1026(D) at 9 A.A.R. 1547, effective April 29, 2003 for a period of 180 days (Supp. 03-2). Emergency rulemaking repealed under A.R.S. § 41-1026(E) and permanent R7-2-617 amended by final rulemaking at 9 A.A.R. 3950, effective October 21, 2003 (Supp. 03-3).

R7-2-618. Certification Time-frames

A. For certification by the State Board of Education ("Board"), Certification Division ("Division"), the time-frames required by A.R.S. § 41-1072 et seq are:

1. Overall time-frame: 165 days.

2. Administrative review time-frame: 45 days.

3. Substantive review time-frame: 120 days.

B. Administrative completeness review time-frame. The Division shall issue a written notice of administrative completeness or deficiency to an applicant for certification within 45 days of receipt of the application.

1. If the Division determines that an application for certification is not administratively complete, the Division shall include a comprehensive list of the specific deficiencies in the written notice.

2. If the Division issues a written notice of deficiency, the administrative completeness review time-frame and the overall time-frame are suspended from the date the notice is issued until the date that the Division receives the missing information from the applicant.

3. If the Division does not issue a notice of administrative completeness or deficiency within 45 days of receipt of the application, the application is deemed administratively complete.

C. Substantive review time-frame. Within 120 days after the administrative completeness review time-frame is complete, the Division shall determine whether an applicant for certification meets all substantive criteria required by statute or rule.

1. During the substantive review time-frame, the Division may make one comprehensive written request for additional information. If the Division issues a comprehensive written request for additional information, the substantive review time-frame and the overall time-frame are suspended from the date the request is issued until the date that the Division receives the additional information from the applicant.

2. The Division and the applicant may mutually agree in writing to allow the Division to submit supplemental requests for additional information. If the Division issues a supplemental request by mutual written agreement for additional information, the substantive review time-frame and the overall time-frame are suspended from the date the request is issued until the date that the Division receives the additional information from the applicant.

D. Overall time-frame. The Division shall issue a written notice that the Board has granted or denied a certificate no later than 165 days after receipt of an application for certification, or no later than the time-frame extension allowed under subsection (E).

1. Written notice denying an applicant certification shall include justification for the denial with references to the statutes or rules on which the denial is based and an explanation of the applicant's right to appeal the denial.

2. The explanation of an applicant's right to appeal the denial shall include the number of days the applicant has to file an appeal challenging the denial and the name and telephone number of the Executive Director of the Board as the contact person who can answer questions regarding the appeals process.

E. By mutual written agreement, the Division and an applicant for certification may extend the substantive review time-frame and the overall time-frame. An extension of the substantive review time-frame and the overall time-frame may not exceed 33 days.

F. If the Division does not issue to an applicant written notice granting or denying a certificate within the overall time-frame or any extension mutually agreed upon in writing, the Division shall refund to the applicant all fees charged, excuse payment of any fees that have not yet been paid, and pay all penalties required by A.R.S. § 41-1077.

G. The Division shall issue all written notices under this Section to the last known address of the applicant by regular, 1st-class mail. The written notices are deemed "issued" on the postmark date.

H. By August 1 of each year, the Division shall report to the Executive Director of the Board the Division's compliance with the overall time-frames for the prior fiscal year. The Division shall include the number of certificates issued or denied within the time-frames specified in this Section and the dollar amount of all fees returned or excused. The Division shall also include the amount of all penalties paid to the state general fund due to the Division's failure to comply with the time-frames.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 2002, effective May 27, 1999 (Supp. 99-2).

R7-2-619. Reciprocity

The Board shall issue a comparable Arizona provisional certificate, if one is established pursuant to this Chapter, to an applicant who holds a valid certificate from another state and possesses a Bachelor's or higher degree from an accredited institution.

1. Certificates shall be valid for one year and are nonrenewable.

2. The applicant shall possess a valid Class 1 or Class 2 fingerprint clearance card. Applicants who were fingerprinted in another state with substantially similar criminal history or teacher fingerprinting requirements shall be required to provide documentation that an application for a fingerprint clearance card has been submitted to the Arizona Department of Public Safety. "Substantially similar" criminal history or teacher fingerprinting requirements shall be determined by the Investigations Unit and shall, at a minimum, include local law enforcement and FBI checks.

3. The deficiencies allowed pursuant to Arizona Revised Statutes in Arizona Constitution, United States Constitution, and a passing score on all required portions of the Arizona Teacher Proficiency Assessment shall be satisfied prior to the issuance of any other certificate prescribed in this Chapter, except as noted below:

a. The professional knowledge portion of the Arizona Teacher Proficiency Assessment shall be waived for applicants with three years of verified teaching experience. The three years of verified teaching experience shall have been during the last valid period of the certificate produced from the other state.

b. The subject knowledge portion of the Arizona Teacher Proficiency Assessment shall be waived for applicants who hold a Master's degree or higher in the subject area to be taught.

c. The professional knowledge and subject knowledge portions of the Arizona Teacher Proficiency Assessment shall be waived for applicants who hold a current certificate from the National Board for Professional Teaching Standards.

Historical Note

New Section made by exempt rulemaking at 8 A.A.R. 2396, effective May 10, 2002 (Supp. 02-2).

R7-2-620. Qualification Requirements of Professional, Non-Teaching School Personnel

A. Definitions:

1. "Educational Interpreter." For the purposes of this Section, "educational interpreter" means a person trained to translate in sign language for students identified to require such services through an Individualized Education Program (IEP) or a 504 accommodation plan in order to access academic instruction. This does not in any way restrict the provisions of R7-2-401(B)(14) which defines "interpreter" and provides that each student's IEP team determines the level of interpreter skill necessary for the provision of FAPE, nor does it restrict a school district's ability to develop a job description for someone in a position of "educational interpreter" that requires additional job responsibilities.

2. "Accommodation plan developed to comply with Section 504 of the Rehabilitation Act of 1973, 29 USC 794, et seq. ("504 accommodation plan")." For the purposes of this Section, "504 accommodation plan" means a plan developed for the purpose of specifying accommodations and/or services that will be implemented by classroom teachers and other school personnel so that students will benefit from their educational program.

B. Educational Interpreters for the Hearing Impaired.

1. Persons employed by or contracting with schools and school districts to provide educational interpreting services for hearing impaired students must meet the following qualifications from and after January 1, 2005:

a. Have a high school diploma or GED;

b. Hold a valid fingerprint clearance card, and

c. Show proficiency in interpreting skills through one of the following:

i. A minimum passing score of 3.5 or higher on the Educational Interpreter Performance Assessment (EIPA), or

ii. Hold a valid Certificate of Interpretation (CI) and/or Certificate of Transliteration (CT) from the Registry of Interpreters for the Deaf (RID), or

iii. Hold a valid certificate from the National Association of the Deaf (NAD) at level 3 or higher.

2. If a public education agency (PEA) is unable to find an individual meeting the above qualifications, the PEA may hire an individual with lesser qualifications, but the PEA is required to provide a professional development plan for the individual they employ to provide educational interpreting services. This professional development plan must include the following:

a. Proof of at least 24 hours of training in interpreting each year that a valid certification is not held or EIPA passing score is not attained, and

b. Documentation of a plan for the individual to meet the required qualifications within three years of employment. If the qualifications are not attained within three years, but progress toward attainment is demonstrated, the plan shall be modified to include an intensive program for up to one year to meet the provisions of subsection (B)(1).

3. An individual employed under the provisions of subsection (B)(2) must also have the following:

a. A valid fingerprint clearance card, and

b. A high school diploma or GED.

C. Compliance with these rules will be reviewed at the same time as a PEA is monitored for compliance with the requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 2399, effective July 23, 2004 (Supp. 04-2).

ARTICLE 7. ADJUDICATIONS

R7-2-701. Definitions

In this Article, unless the context otherwise specifies:

1. "Board" means the State Board of Education.

2. "Chairman" means the chairperson of the Professional Practices Advisory Committee, established pursuant to R7-2-205.

3. "Contested case" means any proceeding in which the legal rights, duties or privileges of a party are required by law to be determined by the State Board of Education after an opportunity for hearing.

4. "Department" means the Department of Education.

5. "Hearing body" means the Board or the Professional Practices Advisory Committee.

6. "Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.

7. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character, or another agency.

8. "PPAC" means the Professional Practices Advisory Committee, established pursuant to R7-2-205 to conduct hearings related to certification or recertification matters regarding immoral conduct, unprofessional conduct, unfitness to teach and revocation, suspension or surrender of certificates.

9. "Pupil" means any student enrolled in an Arizona public or private school. "Pupil" also means any student who was enrolled in an Arizona public or private school at the time of the events which are the subject of a proceeding and who is still of minor age.

Historical Note

Adopted effective May 25, 1978 (Supp. 78-3). Former Section R7-2-701 repealed, new Section R7-2-701 adopted effective December 4, 1978 (Supp. 78-6). Amended effective June 27, 1979 (Supp. 79-3). Amended subsection (A) effective October 7, 1980 (Supp. 80-5). Amended by adding subsection (A)(6) effective April 6, 1984 (Supp. 84-2). Amended effective October 19, 1984 (Supp. 84-5). Section R7-2-701 repealed as an emergency, new Section R7-2-701 adopted as an emergency effective January 2, 1985 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-1). Emergency expired. Repealed effective December 17, 1987 (Supp. 87-4). New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-702. Filing; computation of time; extension of time

A. All papers concerning a contested case shall be filed within the time limit, if any, for such filing.

B. All papers filed in any contested case shall be typewritten or legibly written on paper 8 1/2 by 11 inches in size, shall contain the name and address of the party or other correspondent, shall be properly captioned and designate the title and case number, shall state the name and address of each party served with a copy, and shall be signed by the party or, if represented, by the party's attorney. The signature certifies that the signer has read the paper, that to the best of the signer's knowledge, information, and belief there are good grounds to support its contents, and that it is not interposed for delay.

C. In computing any period of time prescribed or allowed by this Article, or any notice or order concerning a contested case, the day of the act, event, or default from which the designated period of time begins to run shall not be included. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall not be included in the computation. When that period to time is 11 days or more, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday.

D. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon the party by another party, and the notice or other paper is served by mail, five days shall be added to the prescribed period. This subsection has no application to notices, orders, or other papers issued by the hearing body.

E. For good cause shown, the presiding officer may grant continuances and extensions of time for filing notices or other papers.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-703. Contested cases; notice; hearing records

A. In a contested case, the parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall be given at least 20 days prior to the date set for the hearing.

B. The notice shall include:

1. A statement of the time, place and nature of the hearing.

2. A statement of the legal authority and jurisdiction under which the hearing is to be held.

3. A reference to the particular sections of the statutes and rules involved.

4. A short and plain statement of the matters asserted. If a party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.

C. Opportunity shall be afforded all parties to respond and present evidence and argument on the issues involved.

D. The Board may dispose of any contested case by decision or approved stipulation, agreed settlement, consent agreement or by default.

E. A hearing before a hearing body in a contested case or any part thereof shall be recorded manually or by a recording device and shall be transcribed on request of any party, unless otherwise provided by law. The cost of such transcript shall be paid by the party making the request, unless otherwise provided by law or unless assessment of the cost is waived by the Board.

F. The hearing body may reschedule the hearing, maintaining due regard for the interests of justice and the orderly and prompt conduct of the proceedings.

G. The record in a contested case shall include:

1. All pleadings, motions and interlocutory rulings.

2. Evidence received or considered.

3. A statement of matters officially noticed.

4. Objections and offers of proof and rulings thereon.

5. Proposed findings of fact and conclusions of law and exceptions thereto.

6. Any decision, opinion, recommendation or report of the hearing body.

7. All staff memoranda, other than privileged communications, or data submitted to the hearing body in connection with its consideration of the case.

H. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-704. Service; proof of service

A. The Board shall serve notices of hearing, findings of fact, conclusions of law, and recommendations of the hearing body, and decisions and final orders of the Board, either by personal service or by certified mail. All other papers required to be served may be served by regular or certified mail or may be personally served.

B. After service of a notice of hearing in a contested case, a copy of every paper filed by a party, or individual seeking to intervene, shall be served on all parties to the contested case, or their lawyers if represented, at the same time the paper is filed.

C. The following evidences completed service:

1. If personally served, an affidavit of personal service, sworn to by the individual serving the paper and stating the name of the individual upon whom it was served, where service was made, and the date of such service; or

2. If served by certified mail, the return receipt signed by the party served or someone authorized to act on behalf of the party served; or

3. If served by regular or certified mail, either a statement subscribed on the paper filed, or an affidavit indicating the date mailed and listing those to whom it was mailed.

D. When a party is represented by an attorney, service shall be made on the attorney. If a notice of hearing shows service on the Attorney General, all papers served thereafter shall be served on the Assistant Attorney General named on the notice of hearing or who later appears on behalf of the Attorney General, or if no Assistant Attorney General is named, then on the Attorney General, Education and Health Section, Education Unit.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-705. Hearings and evidence

A. Parties may participate in the hearing in person or through an attorney.

B. Upon request of either party, the presiding officer may schedule a prehearing conference. The purpose of a prehearing conference shall be to narrow issues, attempt settlement, address evidentiary issues or for any other purpose deemed necessary by the presiding officer.

C. A hearing in a contested case shall be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. A party to such proceedings may be represented by counsel and shall have the right to submit evidence in open hearing and conduct cross examination. Hearings may be held in any location determined by the hearing body.

D. Copies of documentary evidence may be received in the discretion of the presiding officer. Upon request, the parties shall be given an opportunity to compare the copy with the original.

E. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the specialized knowledge of the hearing body. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data and they shall be afforded an opportunity to contest the material so noticed. The hearing body's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-706. Request for hearing

When a request for a hearing is filed with the Board, the request shall be in writing and shall state the specific grounds which are the basis of the hearing request and the statute, rule or other legal basis entitling the person to a hearing.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-707. Denial of request for hearing

If the Board denies the request for a hearing, the denial shall be in writing and shall state the reasons therefor. A denial of a request for hearing is final and not subject to further administrative review.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-708. Repealed

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Section repealed by final rulemaking at 11 A.A.R. 696, effective March 29, 2005 (Supp. 05-1).

R7-2-709. Rehearing and review of decisions

A. After a hearing is held, a party in a contested case who is aggrieved by a decision rendered by the Board may file with the Board, not later than 30 days after such decision has been made, a written motion for rehearing specifying the particular grounds therefor. A motion for rehearing under this Section may be amended at any time before it is ruled upon by the Board. A response may be filed within 15 days after service of such motion by any other party. The Board may require the filing of written briefs on the issues raised in the motion or response and may provide for oral argument.

B. A rehearing of a decision by the Board may be granted for any of the following causes materially affecting the moving party's rights:

1. Irregularity in the administrative proceedings of the hearing body, or abuse of discretion, whereby the moving party was deprived of a fair hearing.

2. Misconduct of the hearing body or the prevailing party.

3. Accident or surprise which could not have been prevented by ordinary prudence.

4. Newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the hearing.

5. Excessive or insufficient penalties.

6. Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing.

7. That the decision is not justified by the evidence or is contrary to the law.

C. The Board may affirm or modify the decision or grant a rehearing to all or any of the parties, on all or part of the issues, for any of the reasons set forth in subsection B herein. An order granting a rehearing shall specify with particularity the ground or grounds on which the rehearing is granted, and the rehearing shall cover only those matters so specified.

D. After giving the parties or their counsel notice and an opportunity to be heard on the matter, the Board may grant a motion for rehearing for a reason not stated in the motion. The order granting such a rehearing shall specify the grounds therefor.

E. Not later than 20 days after a decision is rendered, the Board may, on its own initiative, order a rehearing of its decision for any reasons for which it might have granted a rehearing on motion of a party. The order granting such a rehearing shall specify the grounds therefor.

F. When a motion for rehearing is based upon affidavits they shall be served with the motion. An opposing party may, within ten days after service of such motion, serve opposing affidavits and this period may be extended for an additional period not exceeding 20 days, by the Board for good cause shown or by written stipulation of the parties. Reply affidavits may be permitted.

G. After a hearing has been held and a final administrative decision has been entered, a party is not required to file a motion for rehearing or review of the decision in order to exhaust the party's administrative remedies.

H. Any party in a contested case who is aggrieved by a decision rendered by the Board may file with the Board, not later than 20 days after such decision has been made, a written request for review of the decision. If a review of the decision is granted, the Board may affirm or modify the previous decision.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-710. Intervention

A. Any person seeking to intervene in any contested case shall file a written request to intervene. Intervention shall be granted only if the hearing body determines that:

1. The legal interests of the person requesting to intervene may be substantially affected by the outcome of the contested case;

2. Intervention will not unduly delay or bias the hearing;

3. The interest of the person requesting to intervene is not adequately represented by another party to the contested case; and

4. The proposed intervention is in the interests of justice.

B. The request shall state the claims or defenses for which intervention is sought, briefly describing the interests that may be affected by the outcome of the case and including such facts as demonstrate those interests.

C. The request shall be filed and served upon all parties at least 15 days prior to hearing.

D. Any party may file a response to the request to intervene within five days of service of the request upon the party.

E. The hearing body shall decide on the request to intervene at least five days prior to the hearing date and shall, prior to the end of the following business day, notify the persons requesting to intervene and all parties of the decision. The hearing body may reschedule a hearing or prehearing conference to provide sufficient time for the parties to respond to a request to intervene or to prepare for the hearing or prehearing conference.

F. The hearing body may limit the intervener's participation to issues in which the intervener has a particular interest.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-711. Consolidation and severance

A. When proceedings involving a common question of law or fact or common parties are pending before the hearing body, it may, upon its own volition or upon request of any party, order a joint hearing on any or all the matters at issue.

B. In furtherance of convenience, to avoid prejudice, or when separate hearings will be conducive to expedition and economy, the hearing body may, upon its own volition or upon request of any party, order any proceeding severed with respect to some or all issues or parties.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-712. Subpoenas

A. The Department may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence on its own volition or at the request of a party.

B. A request for a hearing subpoena shall be in writing and served on each party at least seven days prior to the date set for hearing and shall state:

1. The name of the contested case, the case number, and the time and place where the witness is expected to appear and testify;

2. The name and address of the witness subpoenaed; and

3. The documents, if any, sought to be provided.

C. On application of a party or the agency and for use as evidence, the hearing body may permit a deposition to be taken, in the manner and upon the terms designated by the hearing body, of a witness who cannot be subpoenaed or is unable to attend the hearing.

D. The individual to whom a subpoena is directed shall comply with its provisions unless, prior to the date set for appearance, the hearing body grants a written request to quash or modify the subpoena. The request shall state the reasons why it should be granted. The hearing body shall grant or deny such request by order.

E. The party requesting the subpoena shall prepare it and cause it to be served upon the individual to whom it is directed in the same manner as provided for service of subpoenas in civil matters before the superior court. The return of service shall be filed with the hearing body.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-713. Conduct of hearing

A. The presiding officer may conduct all or part of the hearing by telephone, television, or other electronic means, as long as each party has an opportunity to participate in the entire proceeding as it takes place.

B. Except for those hearings which may involve presentation of evidence protected by A.R.S. § 15-350, or which are otherwise closed pursuant to an express provision of law, all hearings are open to public observation.

C. Conduct at any hearing that is disruptive or shows contempt for the proceedings shall be grounds for exclusion from further participation or observation.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-714. Testimony of pupils

A. All individuals present at a hearing regarding an action against a certificate shall:

1. Keep confidential the name of any pupil involved in the hearing, unless disclosure is with the consent of the pupil's parent or guardian or by order of the superior court. This action does not prevent disclosure of the pupil's name to any party to the hearing.

2. Keep confidential the testimony of any pupil, all of which shall be taken in executive session, except that the Board office shall be furnished a confidential copy of the pupil's testimony as part of the complete transcript of the hearing. The individuals present during the executive session shall be determined by the presiding officer in consultation with the Attorney General's office except that the respondent and counsel shall always be permitted to be present. The transcripts of testimony taken during executive session shall be maintained by the Board.

B. The Board of Education or its designee shall:

1. Make available a consent form which requires the signature of the pupil's parent or guardian prior to disclosure of the pupil's name;

2. Assign a fictitious name to all witnesses identified as pupils on the witness lists provided by the complainant and respondent if not in receipt of written parental or guardian consent for disclosure;

3. Notify hearing participants, prior to and during the hearing, of any fictitious names to be used.

C. The presiding officer shall instruct all individuals present at the hearing of the confidentiality requirements of A.R.S. § 15-551 and this rule.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

R7-2-715. Evidence

A. All witnesses shall testify under oath or affirmation.

B. The hearing body shall have the power to administer oaths and affirmations.

C. All parties shall have the right to present such oral or documentary evidence and to conduct such cross-examination as may be required for a full and fair disclosure of the facts.

D. The hearing body shall receive evidence, rule upon offers of proof, and exclude evidence the hearing body has determined to be irrelevant, immaterial, or unduly repetitious.

E. Unless otherwise ordered by the hearing body, documentary evidence shall be limited in size when folded to 8 1/2 by 11 inches. The submitting party shall identify documentary exhibits by number or letter and party and furnish a copy of each exhibit to each party present. One additional copy shall be furnished to the hearing body unless the hearing body otherwise directs. When evidence offered by any party appears in a larger work, containing other information, the party shall plainly designate the portion offered. If the evidence offered is so voluminous as would unnecessarily encumber the record, the book, paper, or document shall not be received in evidence but may be marked for identification and, if properly authenticated, the designated portion may be read into or photocopied for the record. All documentary evidence offe